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