Can a provisional application be published or made public?
No, provisional applications are not published or made public by the USPTO. According to MPEP 201.04: A provisional application is not subject to publication and is not published. This confidentiality can be advantageous for inventors who want to secure a filing date while keeping their invention details private. However, it’s important to note that while…
Read MoreWhat are the advantages of filing a CPA instead of a regular continuation application?
Filing a Continued Prosecution Application (CPA) for design patents has several advantages over filing a regular continuation application under 37 CFR 1.53(b): Minimal filing requirements – only a request on a separate paper and the filing fee are needed No new oath or declaration is required Faster processing – the CPA uses the file and…
Read MoreHow does a CPA affect patent term and prior art dates?
Filing a Continued Prosecution Application (CPA) can have important implications for both patent term and prior art dates: Patent Term: A CPA is a continuation of the prior application, so it does not get a new 15-year term from filing The 15-year term for a design patent issuing from a CPA is measured from the…
Read MoreHow does inventorship in a continuing application work?
Inventorship in a continuing application depends on the type of continuing application and when it was filed. Key points: For applications filed on or after September 16, 2012, the inventorship is initially the inventor(s) named in the application data sheet For earlier applications, the inventorship carries over from the parent application In a continuation or…
Read MoreHow does an examiner notify an applicant that a CPA has been established?
When a Continued Prosecution Application (CPA) is established, the examiner notifies the applicant in the first Office action of the CPA. According to MPEP ¶ 2.30, the examiner uses a specific form paragraph: “The request filed on [1] for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) based on parent Application No. [2] is…
Read MoreWhat happens after a CPA is established?
After a Continued Prosecution Application (CPA) is established, the USPTO proceeds with examination. According to MPEP ¶ 2.35: Accordingly, the request for a CPA application is acceptable and a CPA has been established. An action on the CPA follows. This means that once the CPA is established, the examiner will review the application and issue…
Read MoreAre applicants notified when their parent application is abandoned due to a CPA filing?
No, applicants are not separately notified when their parent application is abandoned due to the filing of a Continued Prosecution Application (CPA). This is implied in the examiner’s note in MPEP ¶ 2.35: This notice should be given, since applicant is not notified of the abandonment of the parent nor is a filing receipt normally…
Read MoreWhat is the difference between a CPA in utility/plant applications and design applications?
There is a significant difference in how Continued Prosecution Applications (CPAs) are treated for utility/plant applications versus design applications. According to the examiner’s note in MPEP ¶ 2.35: If the request for a CPA in a utility or plant application is improper and the CPA has been treated as an RCE, do not use this…
Read MoreHow does an examiner inform an applicant about a non-compliant CPA request?
When a Continued Prosecution Application (CPA) request for a design patent application is not compliant with the regulations, the examiner informs the applicant using a specific form paragraph. The MPEP provides guidance on this: Use this form paragraph to inform applicant that a request for a CPA in a design application is not in compliance…
Read MoreHow can I delete a named inventor in a Continued Prosecution Application (CPA) for design applications?
To delete a named inventor in a Continued Prosecution Application (CPA) for design applications, you must submit a statement requesting the deletion 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 (CPA) on…
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