What 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…

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How 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…

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What 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…

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How 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…

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How 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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