Are there exceptions to announcing reissue applications in the Official Gazette?
Yes, there are exceptions to announcing reissue applications in the Official Gazette. According to MPEP 1430: Continued Prosecution Applications (CPAs) of design reissue applications: “The filing of a continued prosecution application (CPA) of a design reissue application under 37 CFR 1.53(d) (effective July 14, 2003, CPA practice was eliminated as to utility and plant applications)…
Read MoreHow does an election in a parent application affect a continued prosecution application (CPA) in design applications?
In design applications, an express election made in a parent application in response to a restriction requirement generally carries over to a continued prosecution application (CPA) filed under 37 CFR 1.53(d). However, this rule does not apply to international design applications. The MPEP 819 states: “In design applications, but not international design applications, where a…
Read MoreWhat is the impact of filing a Continued Prosecution Application (CPA) on abandonment?
Filing a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) is considered a special situation involving abandonment. According to MPEP 711.02(b): Where a continued prosecution application (CPA) under 37 CFR 1.53(d) is filed. The MPEP directs readers to §§ 201.06(d) and 711.01 for more information on this topic. Generally, filing a CPA results in the…
Read MoreHow does a suspension of action affect continued prosecution applications (CPAs) or requests for continued examination (RCEs)?
Applicants can request a suspension of action for continued prosecution applications (CPAs) or requests for continued examination (RCEs) under specific conditions. According to MPEP 709, “Applicants may request a suspension of action by the Office under 37 CFR 1.103(b) or (c) for a period not exceeding three months in a continued prosecution application (CPA) filed…
Read MoreCan I submit an affidavit after a final rejection in a patent application?
Yes, you can submit an affidavit after a final rejection, but there are specific conditions. According to MPEP 715.09: Affidavits and declarations submitted under 37 CFR 1.131(a) and other evidence traversing rejections are considered timely if submitted: … (C) after final rejection, but before or on the same date of filing an appeal, upon a…
Read MoreWhat happens if an affidavit or declaration is submitted after a final rejection?
If an affidavit or declaration under 37 CFR 1.130 is submitted after a final rejection, it can still be considered timely under certain conditions. According to MPEP 717.01(f): Affidavits and declarations submitted under 37 CFR 1.130 and other evidence traversing rejections are considered timely if submitted: […] (C) after final rejection, but before or on…
Read MoreCan affidavits or declarations be submitted after the prosecution is closed?
Yes, affidavits or declarations under 37 CFR 1.130 can be submitted after the prosecution is closed, but only under specific circumstances. According to MPEP 717.01(f): Affidavits and declarations submitted under 37 CFR 1.130 and other evidence traversing rejections are considered timely if submitted: […] (D) after the prosecution is closed (e.g., after a final rejection,…
Read MoreWhat are the requirements for adding a benefit claim in a continued prosecution application (CPA)?
In a continued prosecution application (CPA) filed under 37 CFR 1.53(d), there are specific rules regarding benefit claims. The MPEP states: In a continued prosecution application (CPA) filed under 37 CFR 1.53(d), no amendment may delete the specific reference to a prior application assigned the same application number. This is because in a CPA: The…
Read MoreWhat is a Continued Prosecution Application (CPA)?
A Continued Prosecution Application (CPA) is a type of continuation or divisional application that can be filed under 37 CFR 1.53(d) for design applications. As stated in the MPEP, A continuation or divisional application filed under 37 CFR 1.53(d) is called a ‘Continued Prosecution Application’ (CPA). CPAs allow applicants to continue prosecution of a prior…
Read MoreWhen can a continuation application be filed?
A continuation application can be filed at various stages during the patent application process, as long as the parent application is still pending. The MPEP provides guidance on the timing: “At any time before the patenting, abandonment, or termination of proceedings on an earlier application, an applicant may have recourse to filing a continuation application…
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