Can the inventorship in a CPA differ from the original application?
Yes, the inventorship in a Continued Prosecution Application (CPA) can differ from the original application, but only if a proper request is filed and approved. According to MPEP ¶ 2.33: Otherwise, the inventorship in the CPA shall be the same as in the prior application. This implies that changes to inventorship are possible, but they…
Read MoreHow does a CPA (Continued Prosecution Application) differ from other continuing applications?
A Continued Prosecution Application (CPA) is a unique type of continuing application that has specific limitations. According to MPEP 201.02: A ‘continued prosecution application’ (CPA) is a continuation or divisional application for an invention disclosed in a prior nonprovisional application filed under 37 CFR 1.53(b) or (d). A CPA can only be filed in a…
Read MoreWhat information appears on the front page of a patent issuing from a continued prosecution application (CPA)?
The front page of a patent issuing from a continued prosecution application (CPA) filed under 37 CFR 1.53(d) contains specific information about prior applications. As stated in the MPEP: The front page of a printed patent issuing on a continued prosecution application (CPA) filed under37 CFR 1.53(d)will identify the application number and filing date of…
Read MoreWhat actions can a patent owner or assignee take in a patent application?
According to MPEP 325, a patent owner or assignee who has become the applicant can take various actions in a patent application. These include: Signing a reply to an Office action (37 CFR 1.33(b)(3)) Requesting a continued prosecution application (CPA) under 37 CFR 1.53(d) Filing a disclaimer under 37 CFR 1.321 Submitting a Fee(s) Transmittal…
Read MoreHow should a Continued Prosecution Application (CPA) be filed by facsimile?
Filing a Continued Prosecution Application (CPA) by facsimile requires specific procedures, as outlined in MPEP 502.01: CPAs are only available for design applications. The CPA must be sent to the central facsimile number: (571) 273-8300. An authorization to charge the basic filing fee to a deposit account or credit card must be included, or the…
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…
Read MoreWhat is the role of an examiner in processing a request to delete a named inventor in a CPA?
The examiner plays a crucial role in processing requests to delete a named inventor in a Continued Prosecution Application (CPA) for design applications. According to MPEP ¶ 2.32, the examiner is responsible for acknowledging the receipt of the request and confirming that the inventorship has been corrected. The MPEP provides the following guidance for examiners:…
Read MoreHow is inventorship handled in a Continued Prosecution Application (CPA)?
Inventorship in a Continued Prosecution Application (CPA) is generally maintained from the prior application. However, if there’s a need to add or change inventors, specific procedures must be followed. According to MPEP ¶ 2.33: “Any request to add an inventor must be in the form of a request under 37 CFR 1.48. Otherwise, the inventorship…
Read MoreHow do benefit claims work with CPAs?
Benefit claims in Continued Prosecution Applications (CPAs) have some unique characteristics: A CPA automatically includes a specific reference under 35 U.S.C. 120 to the prior application No additional amendment to the specification or application data sheet is required to claim benefit A CPA is considered to reference every application in the chain with the same…
Read MoreHow does inventorship work in a CPA?
Inventorship in a Continued Prosecution Application (CPA) generally carries over from the prior application, but there are some important considerations: The inventive entity of the CPA is automatically the same as the prior application unless a statement is filed requesting deletion of inventors A statement requesting deletion of inventors must be filed with the CPA…
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