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

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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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: design patents