What should examiners include in the first Office action of a CPA?

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.

In the first Office action of a Continued Prosecution Application (CPA), examiners should include specific information to advise the applicant about the status of their application. The MPEP ¶ 2.35 provides guidance on this matter:

Use this form paragraph in the first Office action of a CPA to advise the applicant that a ‘conditional’ request for a CPA is treated as an unconditional request and the CPA is acceptable and that a CPA has been established.

This notice is crucial because:

• Applicants are not notified of the abandonment of the parent application
• A filing receipt is not normally sent for a CPA

By including this information, examiners ensure that applicants are fully informed about the status and treatment of their CPA request.

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