How does the filing date of a Continued Prosecution Application (CPA) affect its priority claim?
The filing date of a Continued Prosecution Application (CPA) has important implications for its priority claim. According to MPEP 201.06(d): The filing date of a CPA is the date on which a request on a separate paper for an application under 37 CFR 1.53(d) is filed. A request for a CPA is not entitled to…
Read MoreWhat are the conditions for automatic abandonment of a prior application when filing a CPA?
When filing a Continued Prosecution Application (CPA), there are specific conditions under which the prior application may be automatically abandoned. According to MPEP 201.06(d): A request for a CPA expressly abandons the prior application as of the filing date of the request for the CPA. See 37 CFR 1.53(d)(2)(v). However, it’s important to note that:…
Read MoreHow is an applicant notified that a CPA has been established?
Unlike regular patent applications, applicants are not typically notified when a Continued Prosecution Application (CPA) has been established. The MPEP ¶ 2.30 states: “This notice should be given, since applicant is not notified of the abandonment of the parent nor is a filing receipt normally sent for a CPA.” Instead, the first notification an applicant…
Read MoreWhat happens after a CPA is established from a Conditional Request?
Once a Continued Prosecution Application (CPA) is established from a Conditional Request, the USPTO proceeds with the examination process as it would for any other CPA. According to MPEP ¶ 2.35: “An action on the CPA follows.” This means that after the CPA is established: The parent application is considered abandoned The examiner will review…
Read MoreWhat information should be included in a CPA request?
When filing a Continued Prosecution Application (CPA) request, certain key information must be included. Based on MPEP ¶ 2.35, the following details are essential: The filing date of the CPA request The application number of the prior application The MPEP states: “Receipt is acknowledged of the ‘conditional’ request for a Continued Prosecution Application (CPA) filed…
Read MoreHow does the USPTO notify applicants about an unacceptable CPA request?
When the USPTO receives an unacceptable Continued Prosecution Application (CPA) request for a design patent application, they notify the applicant using a standardized form paragraph. According to MPEP ¶ 2.31, the examiner will use the following language: Receipt is acknowledged of the request for a Continued Prosecution Application (CPA) filed on [1] under 37 CFR…
Read MoreWhat information should be included in a request to delete a named inventor in a CPA?
When requesting to delete a named inventor in a Continued Prosecution Application (CPA) for a design patent, you should include specific information. According to MPEP ¶ 2.32, the request should contain: A clear statement requesting the deletion of the inventor(s) The name(s) of the inventor(s) to be deleted The filing date of the CPA The…
Read MoreHow can I delete a named inventor when filing a CPA for a design patent?
When filing a Continued Prosecution Application (CPA) for a design patent, you can delete a named inventor by including a statement with your CPA filing. The MPEP ¶ 2.32 states: Receipt is acknowledged of the statement requesting that [1] be deleted as a named inventor which was filed with the Continued Prosecution Application (CPA) on…
Read MoreCan I add or substitute inventors when filing a CPA for a design patent?
The MPEP ¶ 2.32 specifically addresses the process of deleting named inventors when filing a Continued Prosecution Application (CPA) for design patents. However, it does not explicitly mention adding or substituting inventors at the time of CPA filing. If you need to add or substitute inventors, rather than just delete them, you should follow the…
Read MoreWhen should I file a 37 CFR 1.48 request to correct inventorship in a CPA?
You should file a 37 CFR 1.48 request to correct inventorship in a Continued Prosecution Application (CPA) as soon as you realize there’s a need to add or remove an inventor. This should be done concurrently with or shortly after filing the CPA. The MPEP ¶ 2.33 indicates: Any request to add an inventor must…
Read More