What types of patent applications can use a CPA?

Continued Prosecution Applications (CPAs) are limited to specific types of patent applications: Design Applications: CPAs are available for design applications filed before May 29, 2000. Plant Applications: CPAs can be used for plant patent applications. It’s important to note that CPAs are not available for utility patent applications filed on or after May 29, 2000.…

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What is a Continued Prosecution Application (CPA) and when can it be filed?

A Continued Prosecution Application (CPA) is a type of continuation or divisional application that can be filed for design patent applications under 37 CFR 1.53(d). It allows an applicant to continue prosecution of a prior design application. As stated in the MPEP: A continuation or divisional application (but not a continuation-in-part) of a prior nonprovisional…

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What are the filing requirements for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d)?

The filing requirements for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) are as follows: The CPA must be filed before the earliest of: Payment of the issue fee on the prior application, unless a petition under 37 CFR 1.313(c) is granted; Abandonment of the prior application; or Termination of proceedings on the prior…

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When is a Continued Prosecution Application (CPA) acceptable?

A Continued Prosecution Application (CPA) is acceptable when it meets the requirements set forth in 37 CFR 1.53(d). According to MPEP § 201, the examiner will use specific language to indicate acceptance: The request filed on [date] for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) based on parent Application No. [number] is acceptable…

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How does the USPTO handle ‘conditional’ requests for CPAs?

The United States Patent and Trademark Office (USPTO) treats all ‘conditional’ requests for Continued Prosecution Applications (CPAs) as unconditional requests. This is clearly stated in MPEP ¶ 2.35: “Any ‘conditional’ request for a CPA submitted as a separate paper is treated as an unconditional request for a CPA.” This means that once a CPA request…

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Can I amend the specification of a CPA to refer to it as a continuation or divisional application?

No, you cannot amend the specification of a Continued Prosecution Application (CPA) to refer to it as a continuation or divisional application. According to MPEP § 201.06(d): “The amendment filed [date] requesting that the specification be amended to refer to the present Continued Prosecution Application (CPA) as a [continuation/divisional] application of Application No. [X] has…

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