Can the inventorship in a CPA differ from the original application?
Yes, the inventorship in a Continued Prosecution Application (CPA) can differ from the original application, but only if a proper request is filed and approved. According to MPEP ¶ 2.33: Otherwise, the inventorship in the CPA shall be the same as in the prior application. This implies that changes to inventorship are possible, but they…
Read MoreCan I amend the specification of a CPA to refer to it as a continuation or divisional application?
No, you cannot amend the specification of a Continued Prosecution Application (CPA) to refer to it as a continuation or divisional application. According to MPEP § 201.06(d): “The amendment filed [date] requesting that the specification be amended to refer to the present Continued Prosecution Application (CPA) as a [continuation/divisional] application of Application No. [X] has…
Read MoreWhat is the specific reference requirement for a CPA under 35 U.S.C. 120?
For a Continued Prosecution Application (CPA), the specific reference requirement under 35 U.S.C. 120 is satisfied by the CPA request itself. According to MPEP § 201.06(d): “As set forth in 37 CFR 1.53(d)(7), a request for a CPA is the specific reference required by 35 U.S.C. 120 to every application assigned the application number identified…
Read MoreHow does a patent examiner respond to an amendment attempting to refer to a CPA as a continuation or divisional application?
When a patent examiner encounters an amendment attempting to refer to a Continued Prosecution Application (CPA) as a continuation or divisional application, they should not enter the amendment. According to MPEP § 201.06(d), examiners are instructed to use Form Paragraph 2.34 to inform the applicant that such amendments will not be entered: “Use this form…
Read MoreWhat is Form Paragraph 2.34 in the context of Continued Prosecution Applications (CPAs)?
Form Paragraph 2.34 is a standardized response used by patent examiners when addressing improper amendments to Continued Prosecution Applications (CPAs). According to MPEP § 201.06(d), this form paragraph is specifically used to: “inform the applicant that an amendment to the first sentence(s) of the specification referring to the CPA as a continuing application of the…
Read MoreWhat is the significance of copendency in continuation applications?
What is the significance of copendency in continuation applications? Copendency is a crucial requirement for continuation applications. It refers to the condition where the continuation application is filed before the prior application is patented, abandoned, or terminated. The MPEP 201.07 states: ‘To be entitled to the benefit of the filing date of an earlier-filed application,…
Read MoreHow are improper CPA requests handled by the USPTO?
The USPTO handles improper Continued Prosecution Application (CPA) requests in the following ways: For utility or plant applications filed on or after July 14, 2003, improper CPA requests are treated as requests for continued examination (RCE) under 37 CFR 1.114 if the application has a filing date on or after June 8, 1995. If the…
Read MoreWhat happens to continuation or divisional applications filed after a CPA in a design application?
What happens to continuation or divisional applications filed after a CPA in a design application? Continuation or divisional applications filed after a Continued Prosecution Application (CPA) in a design application are treated differently than those filed after a CPA in a utility or plant application. According to MPEP 201.06(d): Any continuation or divisional application filed…
Read MoreCan you file a CPA in a provisional application?
Can you file a CPA in a provisional application? No, you cannot file a Continued Prosecution Application (CPA) in a provisional application. The MPEP 201.06(d) clearly states: A CPA may not be filed in a provisional application. CPAs are only available for certain types of nonprovisional applications. Specifically, they can be filed in design applications,…
Read MoreWhat is the effect of filing a CPA on pending appeals or interferences?
What is the effect of filing a CPA on pending appeals or interferences? Filing a Continued Prosecution Application (CPA) has significant effects on pending appeals or interferences. According to MPEP 201.06(d): The filing of a CPA is a specific request to expressly abandon the prior application as of the filing date granted the CPA and…
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