Why are amendments to refer to CPAs as continuation or divisional applications not allowed?

Amendments to refer to Continued Prosecution Applications (CPAs) as continuation or divisional applications are not allowed because they are unnecessary and can potentially cause confusion. The MPEP ¶ 2.34 explains: “As set forth in 37 CFR 1.53(d)(7), a request for a CPA is the specific reference required by 35 U.S.C. 120 to every application assigned…

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How does a CPA (Continued Prosecution Application) differ from other continuing applications?

A Continued Prosecution Application (CPA) is a unique type of continuing application that has specific limitations. According to MPEP 201.02: A ‘continued prosecution application’ (CPA) is a continuation or divisional application for an invention disclosed in a prior nonprovisional application filed under 37 CFR 1.53(b) or (d). A CPA can only be filed in a…

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Can I delete a benefit claim, and what are the implications?

Yes, you can delete a benefit claim, but it’s important to understand the process and potential implications: For applications filed on or after September 16, 2012, you can delete a benefit claim by filing a corrected Application Data Sheet (ADS) that removes the reference to the prior-filed application. For applications filed before September 16, 2012,…

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What information appears on the front page of a patent issuing from a continued prosecution application (CPA)?

The front page of a patent issuing from a continued prosecution application (CPA) filed under 37 CFR 1.53(d) contains specific information about prior applications. As stated in the MPEP: The front page of a printed patent issuing on a continued prosecution application (CPA) filed under37 CFR 1.53(d)will identify the application number and filing date of…

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What is the filing date of a CPA?

The filing date of a Continued Prosecution Application (CPA) is determined by when the request for the CPA is received by the USPTO. As stated in the MPEP, The filing date of a continued prosecution application is the date on which a request on a separate paper for an application under this paragraph is filed.…

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What happens after a CPA is established?

After a Continued Prosecution Application (CPA) is established, the USPTO proceeds with examination. According to MPEP ¶ 2.35: Accordingly, the request for a CPA application is acceptable and a CPA has been established. An action on the CPA follows. This means that once the CPA is established, the examiner will review the application and issue…

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