What are the filing requirements for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d)?

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.

The filing requirements for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) are as follows:

• The CPA must be filed before the earliest of:
  • Payment of the issue fee on the prior application, unless a petition under 37 CFR 1.313(c) is granted;
  • Abandonment of the prior application; or
  • Termination of proceedings on the prior application.
• The CPA must include a request to initiate proceedings under 37 CFR 1.53(d).
• The prior application must be a design application eligible for CPA practice.

As stated in the MPEP 201.06(d): ‘A continuation or divisional application may be filed under 37 CFR 1.53(d) if the prior application is a design application that is complete as defined by 37 CFR 1.51(b).’

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on filing requirements, visit: filing requirements.