How 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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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…

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What 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…

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What 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,…

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How 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…

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Can 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…

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