MPEP Q & A 122: Advantages of Filing a CPA Compared to a Continuation or Divisional Application

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Question:

List an advantage of filing a CPA compared to a continuation or divisional application.

Answer:

The following list includes advantages of filing a CPA compared to a continuation or divisional application:

  • The papers required to be filed in the U.S. Patent and Trademark Office in order to secure a filing date under 37 CFR 1.53(d) are minimal compared to 37 CFR 1.53(b).
  • In addition, the Office will not normally issue a new filing receipt for a CPA.
  • The time delay between the filing date and the first Office action should be less for a CPA than for an application filed under 37 CFR 1.53(b).

Chapter Details:

The answer to this question can be found in chapter 200 of the MPEP. This chapter covers Types, Cross-Noting and Status of Application.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 201.06(d) of the MPEP.  The following is a brief summary of section 201.06(d).

201.06(d) 37 CFR 1.53(d) Continued Prosecution Application (CPA) Practice

This section discusses 37 C.F.R. 1.53(d), CPA practice in detail. CPA practice is not allowed for utility and plant applications, only design applications. CPA’s are treated as amended applications as of the filing date of the CPA.

This section covers conditions for filing CPA’s, signature requirements, filing date details, small entity/microentity status, extensions of time, inventorship, and examination of CPA’s including the benefit of earlier filing date, terminal disclaimers, prior election, information disclosure statements and preliminary amendments, copies of affidavits, and public access to CPA’s.