What happens after a CPA is established?
After a Continued Prosecution Application (CPA) is established, the USPTO proceeds with examination. According to MPEP ¶ 2.35: Accordingly, the request for a CPA application is acceptable and a CPA has been established. An action on the CPA follows. This means that once the CPA is established, the examiner will review the application and issue…
Read MoreHow does an examiner inform an applicant about a non-compliant CPA request?
When a Continued Prosecution Application (CPA) request for a design patent application is not compliant with the regulations, the examiner informs the applicant using a specific form paragraph. The MPEP provides guidance on this: Use this form paragraph to inform applicant that a request for a CPA in a design application is not in compliance…
Read MoreHow does a CPA affect the examination process?
Filing a Continued Prosecution Application (CPA) has several effects on the examination process: The CPA is treated as a continuation of the prior application for examination purposes Information Disclosure Statements from the prior application are automatically considered in the CPA Affidavits and declarations from the prior application carry over to the CPA A terminal disclaimer…
Read MoreHow does filing a CPA affect confidentiality and public access?
Filing a Continued Prosecution Application (CPA) has implications for confidentiality and public access to application information: Filing a CPA is construed as a waiver of confidentiality under 35 U.S.C. 122 Members of the public entitled to access the prior application may be given similar access to the CPA This waiver extends to any continuing applications…
Read MoreWhat are the key differences between a CPA and a regular continuation application?
Continued Prosecution Applications (CPAs) have several key differences from regular continuation applications filed under 37 CFR 1.53(b): CPAs are only available for design applications, not utility or plant applications CPAs use the same application number as the prior application CPAs do not require a new specification or drawings to be filed The filing requirements for…
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 does the filing date of a CPA get determined?
The filing date of a Continued Prosecution Application (CPA) is determined by the date on which a proper request for a CPA is filed. Specifically, the MPEP states: The filing date of a continued prosecution application is the date on which a request on a separate paper for an application under this paragraph is filed.…
Read MoreHow does an examiner inform an applicant about an unacceptable CPA request?
When a Continued Prosecution Application (CPA) request for a design patent application is deemed unacceptable, the examiner uses a specific form paragraph to inform the applicant. According to MPEP ¶ 2.31, the examiner note states: “Use this form paragraph to inform applicant that a request for a CPA in a design application is not in…
Read MoreWhat 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…
Read MoreWhat are the methods for requesting inventor deletion in a design CPA?
There are two primary methods for requesting the deletion of a named inventor in a Continued Prosecution Application (CPA) for design applications: Letter to the examiner: You can submit a letter directly to the patent examiner handling your application. Request for corrected filing receipt: You can file a formal request for a corrected filing receipt…
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