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…
Read MoreHow 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…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreWhat 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:…
Read MoreHow does the filing date of a Continued Prosecution Application (CPA) affect its priority claim?
The filing date of a Continued Prosecution Application (CPA) has important implications for its priority claim. 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 1.53(d) is filed. A request for a CPA is not entitled to…
Read MoreWhen should I file a 37 CFR 1.48 request to correct inventorship in a CPA?
You should file a 37 CFR 1.48 request to correct inventorship in a Continued Prosecution Application (CPA) as soon as you realize there’s a need to add or remove an inventor. This should be done concurrently with or shortly after filing the CPA. The MPEP ¶ 2.33 indicates: Any request to add an inventor must…
Read MoreWhat is the purpose of MPEP ¶ 2.33 regarding new inventors in CPAs?
The purpose of MPEP ¶ 2.33 is to provide guidance to patent examiners when they encounter a situation where a new inventor is identified in a Continued Prosecution Application (CPA) for design applications. It states: Use this form paragraph where a request for a Continued Prosecution Application (CPA) identifies one or more inventors who were…
Read MoreWhat happens if the basic filing fee is not paid when filing a Continued Prosecution Application (CPA)?
If the basic filing fee is not paid when filing a Continued Prosecution Application (CPA), the USPTO will send a notice to the applicant. According to MPEP 201.06(d): ‘If the basic filing fee is not paid when the CPA is filed or within the time period set forth in a notice from the Office, the…
Read MoreHow does the inventorship in a Continued Prosecution Application (CPA) relate to the parent application?
The inventorship in a Continued Prosecution Application (CPA) is directly related to the parent application. As stated in MPEP 201.06(d): ‘The inventorship in a CPA filed under 37 CFR 1.53(d) is the same as in the prior application.’ This means that when you file a CPA, you are essentially continuing the same application with the…
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