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…

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What 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…

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What 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…

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What 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…

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What 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…

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What 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…

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When 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…

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