How 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…
Read MoreWhat 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…
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