How does the USPTO notify applicants about non-compliant CPA requests?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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 is found to be non-compliant, the USPTO notifies the applicant using a specific form paragraph. This notification informs the applicant about the issue and provides necessary details.

According to the MPEP, the examiner uses the following format:

  • ‘Receipt is acknowledged of the request for a Continued Prosecution Application (CPA) filed on [1] under 37 CFR 1.53(d) based on Application No. [2].’
  • ‘However, because the request was not submitted on a separate paper as required by 37 CFR 1.53(d)(2), the request is not acceptable and no CPA has been established.’

In this notification, [1] represents the filing date of the paper containing the CPA request, and [2] is the Application Number identified in the CPA request. This clear communication helps applicants understand the issue and take corrective action.

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

For more information on Patent Application Process, visit: Patent Application Process.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority MPEP 201 - Types of Applications Patent Law Patent Procedure
Tags: Composition Category, Disclosure Individuals, Disclosure Timing, Plant Distinct Variety, Plant Subject Matter