How does a CPA (Continued Prosecution Application) differ from other continuing applications?

A Continued Prosecution Application (CPA) is a unique type of continuing application that has specific limitations. According to MPEP 201.02:

A ‘continued prosecution application’ (CPA) is a continuation or divisional application for an invention disclosed in a prior nonprovisional application filed under 37 CFR 1.53(b) or (d). A CPA can only be filed in a design application.

Key differences of CPAs compared to other continuing applications:

  • Limited to design applications: CPAs can only be filed for design patents, not utility or plant patents.
  • Automatic abandonment: Filing a CPA automatically abandons the prior application.
  • Simplified filing: CPAs can be filed with fewer formalities than other continuing applications.
  • Examination continuation: The examination process continues from where it left off in the parent application.

It’s important to note that CPAs are no longer available for utility or plant applications filed on or after May 29, 2000. For these types of applications, applicants must use other forms of continuing applications, such as RCEs (Requests for Continued Examination).

For more information on continued prosecution application, visit: continued prosecution application.

For more information on continuing applications, visit: continuing applications.

For more information on CPA, visit: CPA.

For more information on design patents, visit: design patents.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: continued prosecution application, continuing applications, CPA, design patents