How does filing a CPA affect public access to the application?
Filing a Continued Prosecution Application (CPA) has implications for public access to the application. The MPEP states: “A CPA is construed to include a waiver of confidentiality by the applicant under 35 U.S.C. 122 to the extent that any member of the public who is entitled under the provisions of 37 CFR 1.14 to obtain…
Read MoreHow are continuation or divisional applications filed under former 37 CFR 1.62 treated after December 1, 1997?
For applications filed on or after June 8, 1995, continuation or divisional applications filed under former 37 CFR 1.62 on or after December 1, 1997, are treated differently. The MPEP states: “A request for a continuation or divisional application filed under former 37 CFR 1.62 on or after December 1, 1997, in an application that…
Read MoreHow does the oath or declaration requirement differ for continuation applications filed before and after September 16, 2012?
The oath or declaration requirements for continuation applications differ significantly depending on whether they were filed before or after September 16, 2012: For applications filed on or after September 16, 2012: The inventor’s oath or declaration must comply with the requirements of 35 U.S.C. 115 as revised effective September 16, 2012. It must state that…
Read MoreHow does the inventorship requirement differ for continuation applications filed before and after September 16, 2012?
The inventorship requirements for continuation applications differ based on whether they were filed before or after September 16, 2012: For applications filed on or after September 16, 2012: The inventorship is determined by the information provided in the application data sheet (ADS) filed before or concurrently with the copy of the inventor’s oath or declaration…
Read MoreHow does the USPTO handle preliminary amendments in continuation applications?
The USPTO’s handling of preliminary amendments in continuation applications depends on when the application was filed and the nature of the amendment: For applications filed on or after September 21, 2004: A preliminary amendment that is present on the filing date of the application is considered part of the original disclosure. All preliminary amendments: Must…
Read MoreWhat is the difference between a divisional and a continuation application?
What is the difference between a divisional and a continuation application? While both divisional and continuation applications are types of continuing applications, they serve different purposes: Divisional Application: Filed to pursue claims to an invention that was not elected in a previous application due to a restriction requirement. Continuation Application: Filed to pursue additional claims…
Read MoreWhat types of applications can be filed as a CPA?
Continued Prosecution Applications (CPAs) are specifically for design patent applications. The MPEP ¶ 2.34 refers to CPAs in the context of design applications. The MPEP ¶ 2.34 states: “In bracket 2, insert either –continuation– or –divisional–.” This indicates that a CPA can be filed as either a continuation or a divisional of a prior design…
Read MoreCan a continuation application be filed after the parent application is granted or abandoned?
Yes, a continuation application can be filed after the parent application is granted or abandoned, but there are timing restrictions. The MPEP states: At any time before the patenting, abandonment, or termination of proceedings on an earlier application, an applicant may have recourse to filing a continuation application under 37 CFR 1.53(b) in order to…
Read MoreHow does a continuation application differ from a continuation-in-part (CIP) application?
While both continuation and continuation-in-part (CIP) applications are types of continuing applications, they have a key difference in terms of their disclosure. According to the MPEP: The disclosure presented in the continuation must not include any subject matter which would constitute new matter if submitted as an amendment to the parent application. The main differences…
Read MoreWhat happens to the parent application when a continuation is filed?
What happens to the parent application when a continuation is filed? Filing a continuation application does not automatically affect the status of the parent application. As stated in MPEP 201.07: ‘A continuation application may be filed under 35 U.S.C. 111(a) or 363 while the prior application is pending, or after the prosecution and patent term…
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