Can a continuation application be filed after the parent application is granted or abandoned?

Yes, a continuation application can be filed after the parent application is granted or abandoned, but there are timing restrictions. The MPEP states: 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 under 37 CFR 1.53(b) in order to…

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How does CPA practice differ for utility and plant applications?

Continued Prosecution Application (CPA) practice differs significantly for utility and plant applications compared to design applications. The key difference is: CPA practice is not available for utility and plant applications filed on or after May 29, 2000. As stated in the MPEP 201.06(d): “Effective July 14, 2003, CPA practice has been eliminated as to utility…

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Can a Continued Prosecution Application (CPA) be filed in a provisional application?

Can a Continued Prosecution Application (CPA) be filed in a provisional application? No, a Continued Prosecution Application (CPA) cannot be filed in a provisional application. According to MPEP 201.06(d): “A continuation or divisional application may be filed under 37 CFR 1.53(d) if the prior application is a design application that is complete as defined by…

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