What happens if a CPA request is not submitted on a separate paper?
If a Continued Prosecution Application (CPA) request for a design patent is not submitted on a separate paper, it will be considered non-compliant and will not be processed by the USPTO.
The MPEP clearly states: ‘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.’ This means that the CPA will not be initiated, and the applicant will need to resubmit the request properly to proceed with the continued examination.
In such cases, the USPTO will typically send a notification to the applicant informing them of the non-compliance and providing instructions for proper submission.
For more information on design patents, visit: design patents.
For more information on Patent Application Process, visit: Patent Application Process.