What information is included in the CPA establishment notice?
The notice of Continued Prosecution Application (CPA) establishment includes specific information as outlined in MPEP ¶ 2.30. The key elements are: The filing date of the CPA request The parent application number A statement that the CPA is acceptable and has been established An indication that an action on the CPA will follow The exact…
Read MoreWhat happens if a CPA is improperly requested for a utility or plant patent application?
If a Continued Prosecution Application (CPA) is improperly requested for a utility or plant patent application, it is typically treated as a Request for Continued Examination (RCE). The MPEP ¶ 2.30 provides guidance on this situation: If the request for a CPA in a utility or plant application is improper and the CPA has been…
Read MoreWhat should examiners include in the first Office action of a CPA?
In the first Office action of a Continued Prosecution Application (CPA), examiners should include specific information to advise the applicant about the status of their application. The MPEP ¶ 2.35 provides guidance on this matter: Use this form paragraph in the first Office action of a CPA to advise the applicant that a ‘conditional’ request…
Read MoreWhen should Form Paragraph 2.35 be used in patent examination?
Form Paragraph 2.35 should be used in specific circumstances during the patent examination process. According to the MPEP ¶ 2.35, this form paragraph is to be used: in the first Office action of a CPA to advise the applicant that a ‘conditional’ request for a CPA is treated as an unconditional request and the CPA…
Read MoreWhat information should be included in brackets when using Form Paragraph 2.35?
When using Form Paragraph 2.35 in a patent examination, specific information needs to be inserted into the brackets. According to the MPEP ¶ 2.35, examiners should include the following: In bracket 1: Insert the filing date of the request for a CPA. In bracket 2: Insert the Application Number identified in the CPA request. This…
Read MoreHow can inventorship be corrected in a Continued Prosecution Application (CPA)?
Inventorship in a Continued Prosecution Application (CPA) for design patents can be corrected by filing a statement requesting the deletion of a named inventor along with the CPA filing. The MPEP states: Receipt is acknowledged of the statement requesting that [1] be deleted as a named inventor which was filed with the Continued Prosecution Application…
Read MoreWhat is the difference between correcting inventorship at CPA filing and after CPA filing?
The process for correcting inventorship in a Continued Prosecution Application (CPA) differs depending on when the correction is requested: At CPA filing: Inventorship can be corrected by submitting a statement requesting deletion of a named inventor along with the CPA filing. This process is straightforward and does not require additional procedures. After CPA filing: The…
Read MoreWhat is the purpose of MPEP ¶ 2.32 in relation to Continued Prosecution Applications?
MPEP ¶ 2.32 provides guidance for patent examiners on how to respond to requests for deleting a named inventor in a Continued Prosecution Application (CPA) for design patents. The paragraph serves several purposes: It offers a template for examiners to acknowledge receipt of a statement requesting inventor deletion. It confirms that the inventorship has been…
Read MoreCan multiple inventors be deleted from a Continued Prosecution Application at once?
Yes, multiple inventors can be deleted from a Continued Prosecution Application (CPA) at once. The language in MPEP ¶ 2.32 supports this: In bracket 1 insert the name or names of the inventor(s) requested to be deleted. This indicates that the process allows for the deletion of one or more inventors simultaneously. When filing a…
Read MoreWhat happens if a new inventor is identified in a CPA without filing a proper request?
If a new inventor is identified in a Continued Prosecution Application (CPA) without filing a proper request, it can lead to inventorship issues. The MPEP ¶ 2.33 states: It is noted that [1] identified as a named inventor in the Continued Prosecution Application (CPA) filed under 37 CFR 1.53(d) on [2], but no request under…
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