Are applicants notified when their parent application is abandoned due to a CPA filing?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

No, applicants are not separately notified when their parent application is abandoned due to the filing of a Continued Prosecution Application (CPA). This is implied in the examiner’s note in MPEP ¶ 2.35:

This notice should be given, since applicant is not notified of the abandonment of the parent nor is a filing receipt normally sent for a CPA.

The establishment of a CPA automatically results in the abandonment of the parent application. Applicants should be aware that by filing a CPA, they are effectively abandoning the parent application in favor of continuing prosecution through the CPA.

For more information on CPA, visit: CPA.

For more information on patent procedure, visit: patent procedure.

Topics: MPEP 200 – Types and Status of Application; Benefit and Priority MPEP 201 – Types of Applications Patent Law Patent Procedure
Tags: Composition Category, Disclosure Individuals, Disclosure Timing, Plant Distinct Variety, Plant Subject Matter