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