What are the filing date requirements for a Continued Prosecution Application (CPA)?

What are the filing date requirements for a Continued Prosecution Application (CPA)?

For a Continued Prosecution Application (CPA) to receive a filing date, it must meet specific requirements as outlined in MPEP 201.06(d):

• The application must be for a design patent
• The prior application must be a design application that is complete as defined by 37 CFR 1.51(b)
• The application must be submitted before the payment of the issue fee on the prior application, unless a petition under 37 CFR 1.313(c) is granted in the prior application
• The application must be filed within the period set forth in 37 CFR 1.53(d)(1)(ii)

The MPEP states: ‘A CPA may be filed where the prior nonprovisional application is a design application that is complete as defined by 37 CFR 1.51(b).’ This ensures that the CPA is based on a properly filed and complete prior application.

To learn more:

• CPA
• filing date
• design patent
• requirements