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, 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.
Topics:
MPEP 200 – Types and Status of Application; Benefit and Priority
Patent Law
Patent Procedure