What happens if a CPA request is improper for a utility or plant application?

If a Continued Prosecution Application (CPA) request is improper for a utility or plant application, the USPTO handles it differently than for design applications. According to MPEP ¶ 2.35:

If the request for a CPA in a utility or plant application is improper and the CPA has been treated as an RCE, do not use this form paragraph (use form paragraph 7.42.15 instead). See MPEP § 706.07(h).

In such cases, the USPTO treats the improper CPA request as a Request for Continued Examination (RCE). This approach ensures that the application can continue to be prosecuted, albeit under a different procedure. Applicants should be aware of this distinction and the potential implications for their patent prosecution strategy.

For more information on CPA, visit: CPA.

For more information on patent application types, visit: patent application types.

For more information on plant patents, visit: plant patents.

For more information on RCE, visit: RCE.

For more information on utility patents, visit: utility patents.