What happens if a CPA is filed in a utility or plant application after July 14, 2003?

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.

If a Continued Prosecution Application (CPA) is filed in a utility or plant application after July 14, 2003, it will not be treated as a proper CPA. According to MPEP 201.06(d):

‘Any CPA filed on or after July 14, 2003 in a utility or plant application will automatically be treated as a request for continued examination (RCE) under 37 CFR 1.114, see MPEP § 706.07(h), paragraph II.’

This means that instead of being processed as a CPA, the application will be treated as a Request for Continued Examination (RCE). Applicants should be aware of this automatic conversion and ensure they meet the requirements for an RCE if they inadvertently file a CPA for a utility or plant application.

For more information on CPA, visit: CPA.

For more information on RCE, visit: RCE.