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

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).’

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