What happens if an improper CPA is filed for a utility or plant application?
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.
Continued Prosecution Applications (CPAs) are only available for design patent applications. If an improper CPA is filed for a utility or plant application, the following occurs:
- For applications filed on or after June 8, 1995, the improper CPA is treated as a Request for Continued Examination (RCE) under 37 CFR 1.114
- If the requirements for an RCE are not met, the Office will send a Notice of Improper Request for Continued Examination (RCE)
- For applications filed before June 8, 1995, the improper CPA cannot be treated as an RCE
- The applicant will be notified of the improper CPA
MPEP 201.06(d) states: Any request for a CPA filed on or after July 14, 2003, in a utility or plant application is improper, regardless of the filing date of the utility or plant application in which the CPA is filed.
It further notes: If a utility or plant application has a filing date on or after June 8, 1995, an improper CPA filed on or after July 14, 2003 is treated as a request for continued examination (RCE) under 37 CFR 1.114.
For more information on plant patents, visit: plant patents.
For more information on RCE, visit: RCE.
For more information on USPTO procedures, visit: USPTO procedures.
For more information on utility patents, visit: utility patents.