What types of applications can be filed as a Continued Prosecution Application (CPA)?

A Continued Prosecution Application (CPA) can be filed for specific types of applications. According to MPEP 201.06(d):

Effective July 14, 2003, CPA practice under 37 CFR 1.53(d) is not available for utility and plant applications.

This means that CPAs are limited to:

  • Design applications: Applications for design patents can be filed as CPAs.
  • Continuation applications: These must be based on an earlier application of the same type (i.e., design).
  • Divisional applications: These must also be based on an earlier design application.

It’s important to note that continuation-in-part (CIP) applications cannot be filed as CPAs. Additionally, utility and plant patent applications are no longer eligible for CPA practice since July 14, 2003.

For more information on continuation applications, visit: continuation applications.

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

For more information on CPA, visit: CPA.

For more information on design patents, visit: design patents.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: continuation applications, continued prosecution application, CPA, design patents