Can a CPA be filed in a provisional application?

Can a CPA be filed in a provisional application?

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

A continuation or divisional application may be filed under 37 CFR 1.53(d) if the prior application is a design application, but not an international design application, that is complete as defined by 37 CFR 1.51(b), except for the inventor’s oath or declaration if the application is filed on or after September 16, 2012, and the prior application was filed under 35 U.S.C. 111(a).

This means that CPAs are limited to design applications filed under 35 U.S.C. 111(a). Provisional applications, which are filed under 35 U.S.C. 111(b), are not eligible for CPA filing.

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: 35 U.S.C. 111(a), CPA, Design Application, provisional application