How does CPA practice differ for utility and plant applications?
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.
Continued Prosecution Application (CPA) practice differs significantly for utility and plant applications compared to design applications. The key difference is:
CPA practice is not available for utility and plant applications filed on or after May 29, 2000.
As stated in the MPEP 201.06(d): “Effective July 14, 2003, CPA practice has been eliminated as to utility and plant applications in view of the eighteen-month publication of applications under 35 U.S.C. 122(b). A request for a CPA filed on or after July 14, 2003 in a utility or plant application is improper and will not be treated as a CPA.”
For utility and plant applications, applicants should instead consider filing:
- A request for continued examination (RCE) under 37 CFR 1.114
- A continuation or divisional application under 37 CFR 1.53(b)
For more information on continuation application, visit: continuation application.
For more information on CPA, visit: CPA.
For more information on RCE, visit: RCE.