What are the requirements for filing a CPA request in design patent applications?
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.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure