What happens after a CPA is established from a Conditional Request?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

Once a Continued Prosecution Application (CPA) is established from a Conditional Request, the USPTO proceeds with the examination process as it would for any other CPA. According to MPEP ¶ 2.35: “An action on the CPA follows.”

This means that after the CPA is established:

  • The parent application is considered abandoned
  • The examiner will review the CPA and issue an Office action
  • The applicant should be aware that they may not receive a filing receipt for the CPA, as noted in the MPEP: “This notice should be given, since applicant is not notified of the abandonment of the parent nor is a filing receipt normally sent for a CPA.”

For more information on CPA, visit: CPA.

For more information on patent examination, visit: patent examination.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority MPEP 201 - Types of Applications Patent Law Patent Procedure
Tags: Composition Category, Disclosure Individuals, Disclosure Timing, Plant Distinct Variety, Plant Subject Matter