What actions can an applicant take in response to an examiner’s action?
According to MPEP 203.03, an applicant has several options when responding to an examiner’s action: The applicant’s reply may be confined to an election, a traverse of the action taken by the examiner or may include an amendment of the application. These options can be broken down as follows: Election: Choosing between different inventions or…
Read MoreWhat is the effect of filing a Continued Prosecution Application (CPA) on the prior application?
Filing a Continued Prosecution Application (CPA) has a significant effect on the prior application. 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.’ This means that: The prior application is automatically and expressly abandoned when the CPA is filed.…
Read MoreCan a Continued Prosecution Application (CPA) be filed for design applications?
Yes, a Continued Prosecution Application (CPA) can be filed for design applications. In fact, as of September 8, 2000, CPAs are only available for design applications. According to MPEP 201.06(d): ‘Effective July 14, 2003, CPA practice has been eliminated as to utility and plant applications. CPAs can only be filed for design applications.’ This means…
Read MoreWhat are the filing date requirements for a CPA?
What are the filing date requirements for a CPA? The filing date requirements for a Continued Prosecution Application (CPA) are specific and must be adhered to. 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…
Read MoreWhat happens to the status of the prior application when filing a CPA?
What happens to the status of the prior application when filing a CPA? When filing a Continued Prosecution Application (CPA), the status of the prior application changes. According to MPEP 201.06(d): The filing of a CPA is not a filing of a new application. Rather, a CPA is a continuation of the prior application and…
Read MoreWhat happens to Information Disclosure Statements (IDS) when filing a CPA?
When filing a Continued Prosecution Application (CPA), previously filed Information Disclosure Statements (IDS) are handled as follows: All IDSs filed in the prior application that comply with 37 CFR 1.98 are automatically considered in the CPA No specific request is needed for the examiner to consider the previously submitted information New IDSs can be filed…
Read MoreHow does filing a CPA affect confidentiality under 35 U.S.C. 122?
Filing a Continued Prosecution Application (CPA) has implications for the confidentiality of the application under 35 U.S.C. 122: Filing a CPA is construed as a waiver of confidentiality to a certain extent Members of the public entitled to access the prior application may be given similar access to the CPA and other related applications This…
Read MoreHow does a CPA affect benefit claims under 35 U.S.C. 120?
A Continued Prosecution Application (CPA) automatically maintains the benefit claim to the prior application under 35 U.S.C. 120 without requiring a separate statement. Key points include: The CPA request itself serves as the specific reference required by 35 U.S.C. 120 No amendment to the specification or application data sheet is needed to maintain the benefit…
Read MoreCan the inventorship be changed when filing a CPA?
The inventorship in a Continued Prosecution Application (CPA) generally remains the same as in the prior application, but it can be changed under certain circumstances: The inventorship automatically carries over from the prior application unless a statement is filed requesting deletion of inventors Inventors can be deleted by filing a statement with the CPA request…
Read MoreHow does the filing date of a CPA affect the prior application?
The filing of a Continued Prosecution Application (CPA) has significant effects on the prior application: The CPA is considered a request to expressly abandon the prior application as of the filing date of the CPA The prior application is automatically abandoned in favor of the CPA The filing date of the CPA is the date…
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