How does a suspension of action affect continued prosecution applications (CPAs) or requests for continued examination (RCEs)?
Applicants can request a suspension of action for continued prosecution applications (CPAs) or requests for continued examination (RCEs) under specific conditions. According to MPEP 709, “Applicants may request a suspension of action by the Office under 37 CFR 1.103(b) or (c) for a period not exceeding three months in a continued prosecution application (CPA) filed under 37 CFR 1.53(d) if the application is a design application, or in a continued examination (RCE) filed under 37 CFR 1.114.” The request must be filed at the time of filing the CPA or RCE. It’s important to note that as of July 14, 2003, CPA practice does not apply to utility and plant applications.
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