Can amendments be made when filing a CPA?

Amendments can be made when filing a Continued Prosecution Application (CPA), but there are important restrictions and considerations: Any changes must be made as an amendment to the prior application as it existed before filing the CPA No new matter can be introduced in a CPA Preliminary amendments filed with a CPA are generally entered,…

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How does confidentiality work with CPAs?

Confidentiality in Continued Prosecution Applications (CPAs) is handled differently from standard applications. Filing a CPA includes a waiver of confidentiality to some extent: The CPA is construed to include a waiver of confidentiality under 35 U.S.C. 122 This waiver allows public access to both the prior application and any continuing applications filed under 37 CFR…

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How are CPAs different from RCEs?

Continued Prosecution Applications (CPAs) and Requests for Continued Examination (RCEs) are both methods to continue prosecution of an application, but they have significant differences: CPAs are only available for design patent applications, while RCEs can be used for utility, plant, and design applications CPAs result in a new application with the same application number, while…

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What happens if an improper CPA is filed?

When an improper Continued Prosecution Application (CPA) is filed, the USPTO’s response depends on the type of application and the nature of the impropriety: For utility or plant applications filed on or after July 14, 2003, an improper CPA is treated as a Request for Continued Examination (RCE) if possible If the improper CPA doesn’t…

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What are the signature requirements for filing a Continued Prosecution Application (CPA)?

The signature requirements for filing a Continued Prosecution Application (CPA) are specific and important. According to MPEP 201.06(d): A Continued Prosecution Application (CPA) filed under 37 CFR 1.53(d) must be signed by a person authorized to prosecute the application, except as provided in 37 CFR 1.33(b). This means that: The CPA must be signed by…

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What types of applications can be filed as a Continued Prosecution Application (CPA)?

A Continued Prosecution Application (CPA) can be filed for specific types of applications. According to MPEP 201.06(d): Effective July 14, 2003, CPA practice under 37 CFR 1.53(d) is not available for utility and plant applications. This means that CPAs are limited to: Design applications: Applications for design patents can be filed as CPAs. Continuation applications:…

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