How does a CPA affect the priority claim to the parent application?
A Continued Prosecution Application (CPA) automatically maintains the priority claim to its parent application without requiring a separate reference. The CPA itself serves as the specific reference required under 35 U.S.C. 120. The MPEP states: A request for a CPA is the specific reference required by 35 U.S.C. 120 to every application assigned the application…
Read MoreWhat is a Continued Prosecution Application (CPA) for design patents?
A Continued Prosecution Application (CPA) is a type of patent application specifically for design patents, filed under 37 CFR 1.53(d). It allows applicants to continue prosecution of a parent design patent application by filing a request for a CPA. According to MPEP ¶ 2.30: The request filed on [date] for a Continued Prosecution Application (CPA)…
Read MoreWhat happens if a CPA request is not submitted on a separate paper?
If a Continued Prosecution Application (CPA) request for a design patent is not submitted on a separate paper, it will be considered non-compliant and will not be processed by the USPTO. The MPEP clearly states: ‘Because the request was not submitted on a separate paper as required by 37 CFR 1.53(d)(2), the request is not…
Read MoreHow does the USPTO notify applicants about non-compliant CPA requests?
When a Continued Prosecution Application (CPA) request for a design patent is found to be non-compliant, the USPTO notifies the applicant using a specific form paragraph. This notification informs the applicant about the issue and provides necessary details. According to the MPEP, the examiner uses the following format: ‘Receipt is acknowledged of the request for…
Read MoreWhat is a Continued Prosecution Application (CPA) in design patent applications?
A Continued Prosecution Application (CPA) is a type of patent application specifically for design patents. It allows applicants to continue prosecution of a previously filed design application by filing a request for continued examination. CPAs are governed by 37 CFR 1.53(d) and are only available for design applications. For more information on continued prosecution application,…
Read MoreWhat is a design patent application?
A design patent application is a type of patent application that protects the ornamental design of a functional item. It is governed by 35 U.S.C. 171-173 and focuses on the visual characteristics of an article of manufacture. Unlike utility patents, design patents do not protect the functional aspects of an invention. Design patent applications have…
Read MoreWhat are the three broad types of patent applications?
According to the MPEP, patent applications can be directed to three broad types of subject matter: Utility patent applications under 35 U.S.C. 101 for “a new and useful process, machine, manufacture, or composition of matter” Plant patent applications under 35 U.S.C. 161 Design patent applications under 35 U.S.C. 171
Read MoreWhat types of patent applications can be filed in the USPTO?
The three main types of patent applications that can be filed in the USPTO are: Utility patent applications (filed under 35 U.S.C. 101) for “any new and useful process, machine, manufacture, or composition of matter” Design patent applications (filed under 35 U.S.C. 171) for “any new, original, and ornamental design for an article of manufacture”…
Read MoreWhat changes did the Patent Law Treaties Implementation Act (PLTIA) introduce?
The Patent Law Treaties Implementation Act (PLTIA) of 2012 introduced several important changes to US patent law, particularly regarding priority claims and international applications. Key changes include: Restoration of the right of priority to a foreign application or the benefit of a provisional application in certain cases Ability to file international design applications Ability to…
Read MoreWhat are the series codes for different types of patent applications?
The USPTO assigns different series codes to various types of patent applications: 01/ – 16/: Nonprovisional applications (utility, plant, and reissue) 29/: Design applications 35/: International design applications 60/, 61/, and 62/: Provisional applications 90/: Ex parte reexamination proceedings 95/: Inter partes reexamination proceedings 96/: Supplemental examination proceedings and resulting ex parte reexamination proceedings The…
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