How does an examiner inform an applicant about an unacceptable CPA request?

When a Continued Prosecution Application (CPA) request for a design patent application is deemed unacceptable, the examiner uses a specific form paragraph to inform the applicant. According to MPEP ¶ 2.31, the examiner note states:

“Use this form paragraph to inform applicant that a request for a CPA in a design application is not in compliance with 37 CFR 1.53(d)(2) and, therefore, no CPA has been established.”

The form paragraph includes:

• An acknowledgment of the CPA request receipt
• The filing date of the paper containing the request
• The Application Number identified in the CPA request
• An explanation of why the request is not acceptable
• A statement that no CPA has been established

This formal communication ensures that the applicant is clearly informed about the status of their CPA request and the reasons for its non-acceptance.

For more information on USPTO procedures, visit: USPTO procedures.