How does an election in a parent application affect a continued prosecution application (CPA) in design applications?
In design applications, an express election made in a parent application in response to a restriction requirement generally carries over to a continued prosecution application (CPA) filed under 37 CFR 1.53(d). However, this rule does not apply to international design applications. The MPEP 819 states: “In design applications, but not international design applications, where a…
Read MoreWhat is the impact of filing a Continued Prosecution Application (CPA) on abandonment?
Filing a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) is considered a special situation involving abandonment. According to MPEP 711.02(b): Where a continued prosecution application (CPA) under 37 CFR 1.53(d) is filed. The MPEP directs readers to §§ 201.06(d) and 711.01 for more information on this topic. Generally, filing a CPA results in the…
Read MoreWhat are the requirements for adding a benefit claim in a continued prosecution application (CPA)?
In a continued prosecution application (CPA) filed under 37 CFR 1.53(d), there are specific rules regarding benefit claims. The MPEP states: In a continued prosecution application (CPA) filed under 37 CFR 1.53(d), no amendment may delete the specific reference to a prior application assigned the same application number. This is because in a CPA: The…
Read MoreWhat is a Continued Prosecution Application (CPA)?
A Continued Prosecution Application (CPA) is a type of continuation or divisional application that can be filed under 37 CFR 1.53(d) for design applications. As stated in the MPEP, A continuation or divisional application filed under 37 CFR 1.53(d) is called a ‘Continued Prosecution Application’ (CPA). CPAs allow applicants to continue prosecution of a prior…
Read MoreWhat is the filing date for a Continued Prosecution Application (CPA)?
What is the filing date for a Continued Prosecution Application (CPA)? The filing date for a Continued Prosecution Application (CPA) is determined based on when it is filed. 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…
Read MoreWhat is a Continued Prosecution Application (CPA) and when can it be filed?
A Continued Prosecution Application (CPA) is a type of continuation or divisional application that can be filed for design patent applications under 37 CFR 1.53(d). It allows an applicant to continue prosecution of a prior design application. As stated in the MPEP: A continuation or divisional application (but not a continuation-in-part) of a prior nonprovisional…
Read MoreWhat are the filing requirements for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d)?
The filing requirements for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) are as follows: The CPA must be filed before the earliest of: Payment of the issue fee on the prior application, unless a petition under 37 CFR 1.313(c) is granted; Abandonment of the prior application; or Termination of proceedings on the prior…
Read MoreWhen is a Continued Prosecution Application (CPA) acceptable?
A Continued Prosecution Application (CPA) is acceptable when it meets the requirements set forth in 37 CFR 1.53(d). According to MPEP § 201, the examiner will use specific language to indicate acceptance: The request filed on [date] for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) based on parent Application No. [number] is acceptable…
Read MoreHow does an examiner notify an applicant about a CPA’s acceptance?
According to MPEP § 201, specifically paragraph 2.30, an examiner notifies an applicant about a Continued Prosecution Application’s (CPA) acceptance in the first Office action of the CPA. The MPEP states: Use this form paragraph in the first Office action of a CPA to advise the applicant that a request for a CPA is acceptable…
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…
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