How should a Continued Prosecution Application (CPA) be filed by facsimile?

Filing a Continued Prosecution Application (CPA) by facsimile requires specific procedures, as outlined in MPEP 502.01:

1. CPAs are only available for design applications.
2. The CPA must be sent to the central facsimile number: (571) 273-8300.
3. 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.
4. 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.

To learn more:

• Continued Prosecution Application
• CPA
• facsimile filing
• USPTO procedures
• design applications