PTO SB 29 For Design Applications Only: Continued Prosecution Application (CPA) Request Transmittal 2025

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Answer. In the legal world, prosecution generally refers to the plaintiffs side of litigation. However, patent prosecution is the process of writing and filing a patent application and pursuing protection for the patent application with the patent office.
A continuation-in-part application may only be filed under 37 CFR 1.53(b). The continuation-in-part application must claim the benefit of the prior-filed application under 35 U.S.C. 120, 121, 365(c), or 386(c). For more information on claiming the benefit of a prior-filed application, see MPEP 211 et seq.
The prosecution process is broadly divided into two phases: pre-grant and post-grant prosecution. Pre-grant prosecution includes the drafting and filing of patent applications, responding to patent office actions, and navigating the examination process to meet all legal requirements for patentability.
A Continued Prosecution Application (CPA) is a type of patent application specifically for design patents, filed under 37 CFR 1.53(d). It allows applicants to continue prosecution of a parent design patent application by filing a request for a CPA.
After filing your patent application and paying at least one official fee to a patent office, the patent office will perform a search and examination of your patent application. Essentially, the patent office will be looking through everything published to see if someone has already disclosed your invention.
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The timing of patent prosecution can vary significantly depending on the number of communications with the examiner. The goal of the USPTO is to issue the first Office Action within 14 months of the application filing date, and subsequent Office Actions within four months of each response submitted by the applicant.
Can a design patent application claim priority to a provisional patent application? No, a provisional patent application cannot support or serve as the priority for a later filed design patent application.

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