What are the requirements for filing a CPA request in design patent applications?

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 valid Continued Prosecution Application (CPA) request for a design patent application, you must adhere to specific requirements outlined in 37 CFR 1.53(d). Key requirements include:

• The request must be for a design application only.
• The request must be submitted on a separate paper, as stated in MPEP ¶ 2.31: “because the request was not submitted on a separate paper as required by 37 CFR 1.53(d)(2), the request is not acceptable and no CPA has been established.”
• The application being continued must be a design application that is complete as defined by 37 CFR 1.51(b).

Failure to meet these requirements may result in the CPA request being deemed unacceptable.