What are the requirements for filing a CPA?

To file a Continued Prosecution Application (CPA), the following requirements must be met:

  • The application must be for a design patent
  • The prior application must be a complete design application as defined by 37 CFR 1.51(b)
  • The CPA must be filed before the earliest of:
    • Payment of the issue fee in the prior application
    • Abandonment of the prior application
    • Termination of proceedings in the prior application

Additionally, the CPA must include a request on a separate paper, identify the prior application, and be accompanied by the basic filing fee, search fee, and examination fee.

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: design patents, patent application filing