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

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.