What is the difference between a CPA and an RCE in patent applications?
Continued Prosecution Applications (CPAs) and Requests for Continued Examination (RCEs) are both methods to continue prosecution of a patent application, but they have different uses and applications: CPAs are primarily used for design patent applications, as indicated in MPEP ¶ 2.30. RCEs are used for utility and plant patent applications. The MPEP states: “If the…
Read MoreWhat is a Conditional Request for a Continued Prosecution Application (CPA)?
A Conditional Request for a Continued Prosecution Application (CPA) is a filing made under 37 CFR 1.53(d) for design applications. However, it’s important to note that any “conditional” request for a CPA submitted as a separate paper is treated as an unconditional request for a CPA. This means that even if an applicant intends the…
Read MoreWhat is a Request to Delete a Named Inventor in a Continued Prosecution Application (CPA) for Design Applications?
A Request to Delete a Named Inventor in a Continued Prosecution Application (CPA) for Design Applications is a procedure that allows for the correction of inventorship when filing a CPA. This request is specifically used to remove the name(s) of person(s) who are not inventors of the invention being claimed in the new application. According…
Read MoreWhat is a Continued Prosecution Application (CPA) for design patents?
A Continued Prosecution Application (CPA) is a type of patent application specifically for design patents, filed under 37 CFR 1.53(d). It allows applicants to continue prosecution of a parent design patent application by filing a request for a CPA. According to MPEP ¶ 2.30: The request filed on [date] for a Continued Prosecution Application (CPA)…
Read MoreWhat is a Continued Prosecution Application (CPA) in design patent applications?
A Continued Prosecution Application (CPA) is a type of patent application specifically for design patents. It allows applicants to continue prosecution of a previously filed design application by filing a request for continued examination. CPAs are governed by 37 CFR 1.53(d) and are only available for design applications. For more information on continued prosecution application,…
Read MoreHow are continued prosecution applications (CPAs) handled on the front page of a patent?
For continued prosecution applications (CPAs) filed under 37 CFR 1.53(d), the front page of a printed patent will include: The application number and filing date of the most recent noncontinued prosecution application All prior applications from which benefit was claimed in the most recent noncontinued prosecution application Notably, the filing date of the CPA itself…
Read MoreCan a continuation-in-part application be filed as a continued prosecution application (CPA)?
No, a continuation-in-part (CIP) application cannot be filed as a continued prosecution application (CPA). The MPEP explicitly states: “A continuation-in-part application CANNOT be filed as a continued prosecution application (CPA) under 37 CFR 1.53(d).” Continuation-in-part applications may only be filed under 37 CFR 1.53(b). This is an important distinction to remember when considering different types…
Read MoreWhat is a Continued Prosecution Application (CPA) in patent law?
A Continued Prosecution Application (CPA) is a type of patent application that allows applicants to continue prosecution of a parent application. It is governed by 37 CFR 1.53(d). According to MPEP ¶ 2.30, when a CPA is accepted, the examiner will use the following language: “The request filed on [filing date] for a Continued Prosecution…
Read MoreWhat happens if a Continued Prosecution Application (CPA) is filed after the issue fee has been paid?
If a Continued Prosecution Application (CPA) is filed after the issue fee has been paid, it will not be treated as a CPA. Instead, it will be processed as follows: For applications filed on or after May 29, 2000, the CPA will be treated as a request for continued examination (RCE) under 37 CFR 1.114.…
Read MoreWhat is the effect of filing a Continued Prosecution Application (CPA) on the prior application?
Filing a Continued Prosecution Application (CPA) has a significant effect on the prior application. According to MPEP 201.06(d): ‘A request for a CPA expressly abandons the prior application as of the filing date of the request for the CPA.’ This means that: The prior application is automatically and expressly abandoned when the CPA is filed.…
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