Can a Continued Prosecution Application (CPA) be filed for utility or plant patent applications?

Can a Continued Prosecution Application (CPA) be filed for utility or plant patent applications?

No, a Continued Prosecution Application (CPA) cannot be filed for utility or plant patent applications. According to MPEP 201.06(d):

‘Effective July 14, 2003, CPAs are only available for design applications.’

This means that CPAs are exclusively for design patent applications. For utility or plant patent applications, applicants must use other continuation options such as:

• Continuation applications under 37 CFR 1.53(b)
• Requests for Continued Examination (RCE) under 37 CFR 1.114

If an applicant attempts to file a CPA for a utility or plant application, the USPTO will process it as a request for continued examination (RCE) under 37 CFR 1.114, if applicable, or will otherwise treat it as an improper application.

To learn more:

• CPA
• utility patent
• plant patent
• design patent