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