What 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.…
Read MoreCan a Continued Prosecution Application (CPA) be filed for design applications?
Yes, a Continued Prosecution Application (CPA) can be filed for design applications. In fact, as of September 8, 2000, CPAs are only available for design applications. According to MPEP 201.06(d): ‘Effective July 14, 2003, CPA practice has been eliminated as to utility and plant applications. CPAs can only be filed for design applications.’ This means…
Read MoreWhat are the filing date requirements for a CPA?
What are the filing date requirements for a CPA? The filing date requirements for a Continued Prosecution Application (CPA) are specific and must be adhered to. 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…
Read MoreWhat happens to the status of the prior application when filing a CPA?
What happens to the status of the prior application when filing a CPA? When filing a Continued Prosecution Application (CPA), the status of the prior application changes. According to MPEP 201.06(d): The filing of a CPA is not a filing of a new application. Rather, a CPA is a continuation of the prior application and…
Read MoreHow does the USPTO handle Information Disclosure Statements (IDS) in Continued Prosecution Applications (CPAs)?
For Continued Prosecution Applications (CPAs) filed under 37 CFR 1.53(d), the USPTO automatically considers information that was considered in the parent application. The MPEP states: “Information which has been considered by the Office in the parent application of a continued prosecution application (CPA) filed under 37 CFR 1.53(d) will be part of the file before…
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