What are the filing requirements for a CPA in 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.

To file a CPA for a design patent application, the following requirements must be met:

• The prior application must be a design application that is complete under 37 CFR 1.51(b)
• The CPA must be filed before the earliest of: payment of the issue fee, abandonment, or termination of proceedings in the prior application
• The CPA must be filed with a request on a separate paper
• The proper filing fee, search fee, and examination fee must be paid
• The CPA must only disclose and claim subject matter disclosed in the prior application

As stated in the MPEP: “The filing date of a CPA is the date on which a request on a separate paper for an application under this paragraph is filed.”

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.