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All relevant information from MPEP ¶ 2.33 New Inventor Identified in CPA (for Design Applications) has been covered in the previous FAQs. No additional meaningful questions can be generated without redundancy. For more information on CPA, visit: CPA. For more information on design applications, visit: design applications. For more information on inventorship, visit: inventorship. For…

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What is a Request to Delete a Named Inventor in a Continued Prosecution Application (CPA) for Design Applications?

A Request to Delete a Named Inventor in a Continued Prosecution Application (CPA) for Design Applications is a procedure that allows for the correction of inventorship when filing a CPA. This request is specifically used to remove the name(s) of person(s) who are not inventors of the invention being claimed in the new application. According…

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What is a Continued Prosecution Application (CPA) in the context of design applications?

A Continued Prosecution Application (CPA) is a type of patent application that allows applicants to continue prosecution of a prior design application. It’s important to note that CPAs are now only available for design applications, not utility applications. While the MPEP ¶ 2.32 doesn’t provide a direct definition of a CPA, it implies its use…

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What is the difference in priority claim requirements for design applications compared to utility applications?

The main differences in priority claim requirements for design applications compared to utility applications are: Time limit: Design applications can claim priority at any time during pendency, while utility applications have specific deadlines Restoration of priority: Not applicable to design applications MPEP 214.01 states: “The time periods set forth in 37 CFR 1.55(d) do not…

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How does the PDX program work for USPTO design applications?

The USPTO attempts to retrieve foreign applications for design applications through the PDX program where possible. Specifically for Spanish industrial design applications: The Spanish Patent and Trademark Office deposits certain ES industrial design applications for access by the USPTO via the WIPO DAS. Therefore, when the applicant claims foreign priority to an ES industrial design…

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Can a Continued Prosecution Application (CPA) be filed for design applications?

Yes, a Continued Prosecution Application (CPA) can be filed for design applications. In fact, as of September 8, 2000, CPAs are only available for design applications. According to MPEP 201.06(d): ‘Effective July 14, 2003, CPA practice has been eliminated as to utility and plant applications. CPAs can only be filed for design applications.’ This means…

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What are the types of national applications mentioned in MPEP 201.01?

MPEP 201.01 outlines several types of national applications that can be filed with the USPTO. These include: Original (nonprovisional) applications Reissue applications Design applications Plant applications Provisional applications As stated in MPEP 201.01: ‘National applications include original (nonprovisional), reissue, design, plant, and provisional applications.’ Each of these application types serves a specific purpose in the…

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