What happens after a CPA is established from a Conditional Request?
Once a Continued Prosecution Application (CPA) is established from a Conditional Request, the USPTO proceeds with the examination process as it would for any other CPA. According to MPEP ¶ 2.35: “An action on the CPA follows.” This means that after the CPA is established: The parent application is considered abandoned The examiner will review…
Read MoreWhat information should be included in a request to delete a named inventor in a CPA?
When requesting to delete a named inventor in a Continued Prosecution Application (CPA) for a design patent, you should include specific information. According to MPEP ¶ 2.32, the request should contain: A clear statement requesting the deletion of the inventor(s) The name(s) of the inventor(s) to be deleted The filing date of the CPA The…
Read MoreHow can I delete a named inventor when filing a CPA for a design patent?
When filing a Continued Prosecution Application (CPA) for a design patent, you can delete a named inventor by including a statement with your CPA filing. The MPEP ¶ 2.32 states: Receipt is acknowledged of the statement requesting that [1] be deleted as a named inventor which was filed with the Continued Prosecution Application (CPA) on…
Read MoreCan I add or substitute inventors when filing a CPA for a design patent?
The MPEP ¶ 2.32 specifically addresses the process of deleting named inventors when filing a Continued Prosecution Application (CPA) for design patents. However, it does not explicitly mention adding or substituting inventors at the time of CPA filing. If you need to add or substitute inventors, rather than just delete them, you should follow the…
Read MoreWhen should I file a 37 CFR 1.48 request to correct inventorship in a CPA?
You should file a 37 CFR 1.48 request to correct inventorship in a Continued Prosecution Application (CPA) as soon as you realize there’s a need to add or remove an inventor. This should be done concurrently with or shortly after filing the CPA. The MPEP ¶ 2.33 indicates: Any request to add an inventor must…
Read MoreWhat is the purpose of MPEP ¶ 2.33 regarding new inventors in CPAs?
The purpose of MPEP ¶ 2.33 is to provide guidance to patent examiners when they encounter a situation where a new inventor is identified in a Continued Prosecution Application (CPA) for design applications. It states: Use this form paragraph where a request for a Continued Prosecution Application (CPA) identifies one or more inventors who were…
Read MoreHow does a CPA differ from other types of continuing applications?
A Continued Prosecution Application (CPA) differs from other types of continuing applications in several ways: CPAs are only available for design applications, not utility applications. Filing a CPA automatically establishes the necessary reference to the prior application under 35 U.S.C. 120, without needing to amend the specification. CPAs are processed differently from other continuing applications,…
Read MoreWhat happens if the basic filing fee is not paid when filing a Continued Prosecution Application (CPA)?
If the basic filing fee is not paid when filing a Continued Prosecution Application (CPA), the USPTO will send a notice to the applicant. According to MPEP 201.06(d): ‘If the basic filing fee is not paid when the CPA is filed or within the time period set forth in a notice from the Office, the…
Read MoreHow does the inventorship in a Continued Prosecution Application (CPA) relate to the parent application?
The inventorship in a Continued Prosecution Application (CPA) is directly related to the parent application. As stated in MPEP 201.06(d): ‘The inventorship in a CPA filed under 37 CFR 1.53(d) is the same as in the prior application.’ This means that when you file a CPA, you are essentially continuing the same application with the…
Read MoreCan a CPA be filed as a continuation-in-part application?
Can a CPA be filed as a continuation-in-part application? No, a Continued Prosecution Application (CPA) cannot be filed as a continuation-in-part application. According to MPEP 201.06(d): ‘A continuation or divisional application (but not a continuation-in-part) may be filed under 37 CFR 1.53(d) if the prior application is a design application that is complete as defined…
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