What types of patent applications can use a CPA?

Continued Prosecution Applications (CPAs) are limited to specific types of patent applications:

• Design Applications: CPAs are available for design applications filed before May 29, 2000.
• Plant Applications: CPAs can be used for plant patent applications.

It’s important to note that CPAs are not available for utility patent applications filed on or after May 29, 2000. For these applications, applicants should use a Request for Continued Examination (RCE) instead.

The MPEP ¶ 2.34 provides guidance on how CPAs reference prior applications:

As set forth in 37 CFR 1.53(d)(7), a request for a CPA is the specific reference required by 35 U.S.C. 120 to every application assigned the application number identified in such request.

This means that for eligible applications, the CPA automatically establishes the necessary reference to the prior application without requiring amendments to the specification.

For more information on CPA, visit: CPA.

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

For more information on patent application types, visit: patent application types.

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