What are the key differences between a CPA and a regular continuation application?

Continued Prosecution Applications (CPAs) have several key differences from regular continuation applications filed under 37 CFR 1.53(b):

  • CPAs are only available for design applications, not utility or plant applications
  • CPAs use the same application number as the prior application
  • CPAs do not require a new specification or drawings to be filed
  • The filing requirements for a CPA are minimal compared to a regular continuation
  • CPAs are typically processed faster than regular continuations
  • Filing a CPA automatically abandons the prior application

MPEP 201.06(d) states: 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 design patents, visit: design patents.

For more information on patent application types, visit: patent application types.

For more information on USPTO procedures, visit: USPTO procedures.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: design patents, patent application types, USPTO procedures