Are Continued Prosecution Applications (CPAs) available for all types of patent applications?
No, Continued Prosecution Applications (CPAs) are not available for all types of patent applications. They are specifically limited to design patent applications. This is evident from the MPEP guidance, which states: ‘Use this form paragraph to inform applicant that a request for a CPA in a design application is not in compliance with 37 CFR…
Read MoreHow can I delete a named inventor when filing a Continued Prosecution Application (CPA)?
When filing a Continued Prosecution Application (CPA) for a design patent, you can request the deletion of a named inventor by submitting 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…
Read MoreCan I add an inventor when filing a Continued Prosecution Application (CPA)?
The MPEP ¶ 2.32 specifically addresses the deletion of inventors in a Continued Prosecution Application (CPA) for design patents, but it does not directly discuss adding inventors. However, changes to inventorship in patent applications are generally governed by 37 CFR 1.48. If you need to add an inventor when filing a CPA, it’s advisable to:…
Read MoreWhen should I file a 37 CFR 1.48 request for a CPA?
You should file a 37 CFR 1.48 request for a Continued Prosecution Application (CPA) whenever you need to add, remove, or change the order of inventors from the original application. The MPEP ¶ 2.33 indicates: Any request to add an inventor must be in the form of a request under 37 CFR 1.48. This applies…
Read MoreCan 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,…
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