What is the difference between a CPA and an RCE in patent applications?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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) and Requests for Continued Examination (RCEs) are both methods to continue prosecution of a patent application, but they have different uses and applications:

  • CPAs are primarily used for design patent applications, as indicated in MPEP ¶ 2.30.
  • RCEs are used for utility and plant patent applications. The MPEP states: “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).”

This distinction is important because it affects how patent examiners process and respond to these continuation requests.

For more information on continued prosecution application, visit: continued prosecution application.

Topics: MPEP 200 – Types and Status of Application; Benefit and Priority MPEP 201 – Types of Applications Patent Law Patent Procedure
Tags: Composition Category, Disclosure Individuals, Disclosure Timing, Plant Distinct Variety, Plant Subject Matter