How should a Continued Prosecution Application (CPA) be filed by facsimile?
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.
Filing a Continued Prosecution Application (CPA) by facsimile requires specific procedures, as outlined in MPEP 502.01:
- CPAs are only available for design applications.
- The CPA must be sent to the central facsimile number: (571) 273-8300.
- An authorization to charge the basic filing fee to a deposit account or credit card must be included, or the application will be treated as filed without the basic filing fee.
- There is a special receipt procedure for CPA filings by fax:
There is a special receipt procedure for filing a CPA by fax, whereby the Office will fax back a receipt of the CPA filing if applicant submits the Office receipt form along with the CPA filing.
It’s important to note that if the USPTO has no evidence of receiving a CPA transmitted by fax, the applicant may need to file a petition under 37 CFR 1.6(f) to request a filing date. This petition must include:
- Information about the previous transmission
- An additional copy of the CPA
- A statement attesting to the previous transmission
- Evidence of the transmission, such as a sending unit’s report or other evidence created within one business day of the transmission
Always ensure that you follow these procedures carefully when filing a CPA by facsimile to avoid any issues with the filing date or processing of your application.