Can a CPA be filed for utility or plant applications?
No, Continued Prosecution Applications (CPAs) cannot be filed for utility or plant applications. The MPEP clearly states: Effective July 14, 2003, continued prosecution application (CPA) practice was eliminated as to utility and plant applications.
For utility and plant applications, applicants should consider filing a request for continued examination (RCE) under 37 CFR 1.114 or a new application under 37 CFR 1.53(b) instead.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure