Can a Continued Prosecution Application (CPA) be filed in a provisional application?

Can a Continued Prosecution Application (CPA) be filed in a provisional application?

No, a Continued Prosecution Application (CPA) cannot be filed in a provisional application. According to MPEP 201.06(d):

“A continuation or divisional application may be filed under 37 CFR 1.53(d) if the prior application is a design application that is complete as defined by 37 CFR 1.51(b).”

This explicitly limits CPA practice to design applications. Provisional applications are not eligible for CPA filings. If an applicant wishes to continue prosecution based on a provisional application, they must file a non-provisional application claiming priority to the provisional application within the appropriate time frame.

For more information on CPA, visit: CPA.

For more information on provisional application, visit: provisional application.