What are the benefits of filing a CPA for a design patent application?

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 CPA for a design patent application offers several benefits:

• Minimal filing requirements compared to a regular continuation application
• No new filing receipt is normally issued
• Faster processing time, as it uses the same application number and file wrapper
• For examination priority, CPAs are treated as “amended” applications rather than “new” applications, potentially resulting in faster examination
• The prior application is automatically abandoned, simplifying the process

As stated in the MPEP: “A CPA has a number of advantages compared to a continuation or divisional application filed under 37 CFR 1.53(b). For example, the papers required to be filed in the U.S. Patent and Trademark Office in order to secure a filing date under 37 CFR 1.53(d) are minimal compared to 37 CFR 1.53(b).”

For more information on continuation application, visit: continuation application.

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

For more information on Divisional application, visit: Divisional application.