How does a patent examiner respond to an amendment attempting to refer to a CPA as a continuation or divisional application?

When a patent examiner encounters an amendment attempting to refer to a Continued Prosecution Application (CPA) as a continuation or divisional application, they should not enter the amendment. According to MPEP § 201.06(d), examiners are instructed to use Form Paragraph 2.34 to inform the applicant that such amendments will not be entered: “Use this form…

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What is Form Paragraph 2.34 in the context of Continued Prosecution Applications (CPAs)?

Form Paragraph 2.34 is a standardized response used by patent examiners when addressing improper amendments to Continued Prosecution Applications (CPAs). According to MPEP § 201.06(d), this form paragraph is specifically used to: “inform the applicant that an amendment to the first sentence(s) of the specification referring to the CPA as a continuing application of the…

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What happens to continuation or divisional applications filed after a CPA in a design application?

What happens to continuation or divisional applications filed after a CPA in a design application? Continuation or divisional applications filed after a Continued Prosecution Application (CPA) in a design application are treated differently than those filed after a CPA in a utility or plant application. According to MPEP 201.06(d): Any continuation or divisional application filed…

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Can you file a CPA in a provisional application?

Can you file a CPA in a provisional application? No, you cannot file a Continued Prosecution Application (CPA) in a provisional application. The MPEP 201.06(d) clearly states: A CPA may not be filed in a provisional application. CPAs are only available for certain types of nonprovisional applications. Specifically, they can be filed in design applications,…

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What is the difference between correcting inventorship at CPA filing and after CPA filing?

The process for correcting inventorship in a Continued Prosecution Application (CPA) differs depending on when the correction is requested: At CPA filing: Inventorship can be corrected by submitting a statement requesting deletion of a named inventor along with the CPA filing. This process is straightforward and does not require additional procedures. After CPA filing: The…

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What is the purpose of MPEP ¶ 2.32 in relation to Continued Prosecution Applications?

MPEP ¶ 2.32 provides guidance for patent examiners on how to respond to requests for deleting a named inventor in a Continued Prosecution Application (CPA) for design patents. The paragraph serves several purposes: It offers a template for examiners to acknowledge receipt of a statement requesting inventor deletion. It confirms that the inventorship has been…

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