What happens if a CPA is improperly requested for a utility or plant patent application?
If a Continued Prosecution Application (CPA) is improperly requested for a utility or plant patent application, it is typically treated as a Request for Continued Examination (RCE). The MPEP ¶ 2.30 provides guidance on this situation: If the request for a CPA in a utility or plant application is improper and the CPA has been…
Read MoreWhat is considered a ‘new’ patent application?
A ‘new’ patent application is a nonprovisional application that has not yet received an action by the examiner. According to MPEP 203.01: An amendment filed prior to the first Office Action does not alter the status of a ‘new’ application. It’s important to note that a request for continued examination (RCE) is not considered a…
Read MoreHow do I correct or add a benefit claim after filing my application?
To correct or add a benefit claim after filing your application, you need to follow specific procedures depending on the timing and circumstances: If you received a filing receipt with missing or incorrect benefit claim information, you can request a corrected filing receipt. However, the Office will only grant this request if the proper reference…
Read MoreWhat is the difference between a CPA in utility/plant applications and design applications?
There is a significant difference in how Continued Prosecution Applications (CPAs) are treated for utility/plant applications versus design applications. According to the examiner’s note in MPEP ¶ 2.35: If the request for a CPA in a utility or plant application is improper and the CPA has been treated as an RCE, do not use this…
Read MoreWhat happens if an improper CPA is filed for a utility or plant application?
Continued Prosecution Applications (CPAs) are only available for design patent applications. If an improper CPA is filed for a utility or plant application, the following occurs: For applications filed on or after June 8, 1995, the improper CPA is treated as a Request for Continued Examination (RCE) under 37 CFR 1.114 If the requirements for…
Read MoreHow are CPAs different from RCEs?
Continued Prosecution Applications (CPAs) and Requests for Continued Examination (RCEs) are both methods to continue prosecution of an application, but they have significant differences: CPAs are only available for design patent applications, while RCEs can be used for utility, plant, and design applications CPAs result in a new application with the same application number, while…
Read MoreWhat happens if an improper CPA is filed?
When an improper Continued Prosecution Application (CPA) is filed, the USPTO’s response depends on the type of application and the nature of the impropriety: For utility or plant applications filed on or after July 14, 2003, an improper CPA is treated as a Request for Continued Examination (RCE) if possible If the improper CPA doesn’t…
Read MoreHow are continuation or divisional applications filed under former 37 CFR 1.62 treated after December 1, 1997?
For applications filed on or after June 8, 1995, continuation or divisional applications filed under former 37 CFR 1.62 on or after December 1, 1997, are treated differently. The MPEP states: “A request for a continuation or divisional application filed under former 37 CFR 1.62 on or after December 1, 1997, in an application that…
Read MoreWhat is the difference between a CPA for design applications and utility applications?
Continued Prosecution Applications (CPAs) are primarily used for design patent applications. For utility or plant applications, improper CPA requests are typically treated as Requests for Continued Examination (RCE). The MPEP ¶ 2.35 notes: If the request for a CPA in a utility or plant application is improper and the CPA has been treated as an…
Read MoreHow does CPA practice differ for utility and plant applications?
Continued Prosecution Application (CPA) practice differs significantly for utility and plant applications compared to design applications. The key difference is: CPA practice is not available for utility and plant applications filed on or after May 29, 2000. As stated in the MPEP 201.06(d): “Effective July 14, 2003, CPA practice has been eliminated as to utility…
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