Q) CPA

by patentbar on August 1, 2008 · 10 comments

in Exam Questions

If you facsimile to file CPA and no fee, It will be treated as CPA with no fee.

{ 10 comments… read them below or add one }

1 JakeNo Gravatar October 11, 2009 at 8:23 pm

Isn’t that true when you file a CPA in general?

201.06(d)

B. Conditions for Filing a CPA
A complete application as defined by 37 CFR 1.51(b) must contain, inter alia, the appropriate filing fee (including the basic filing fee, search fee, and examination fee) and a signed oath or declaration under 37 CFR 1.63

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2 sethzNo Gravatar January 22, 2010 at 2:50 pm

Seems the office treat CPA via Fax differently than other CPA filing.

Like the original post says, CPA via Fax without fee will be treated as CPA with no fee (follow 1.53(f) procedure).
See 502.01

While if other CPA without fee, the improper CPA will be treated as improper RCE.
Application can be abandoned if past period set in last office action.
(This is tested in pervious 01/02/03 exams. I can’t remember the exact location.)
See 201.06(d)

502.01
“An applicant filing a CPA for a design application only by facsimile transmission must include an authorization to charge the basic filing fee to a deposit account or to a credit card, or the application will be treated under 37 CFR 1.53(f) as having been filed without the basic filing fee (as fees cannot otherwise be transmitted by facsimile)”

201.06(d) 37 CFR 1.53(d) ContinuedProsecution Application (CPA)
Practice
I. CPA PRACTICE HAS BEEN ELIMINATED AS TO UTILITY
A. Applications Filed on or After June 8, 1995
“If the improper CPA does not satisfy the requirements of 37 CFR 1.114 (e.g., the request lacks a submission or the fee under 37 CFR 1.17(e), or the prosecution of the application is not closed), the Office will treat the improper CPA as an improper RCE, and the time period set in the last Office action (or notice) will continue to run. The Office will send the applicant a Notice of Improper Request for Continued Examination (RCE), PTO-2051. If the time period for reply to the last Office action (or notice) has expired, the application is abandoned and the applicant must file a petition under 37 CFR 1.137 and the required petition fee to revive the abandoned application.”

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3 BigbadvoododaddyNo Gravatar July 3, 2011 at 4:39 pm

I dont think the PTO treats CPA via fax any differently from regular CPAs.
You are referring to differences between an improper CPA and a RCE, those are two completely different beasts.

Regarding fees – dont know anyone who has sent money via fax.

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4 littleyellowduckNo Gravatar July 4, 2011 at 2:55 pm

I know a mother sent her daughter 100 bucks for birthday gift by fax and she greatly appreciated the high tech.

5 SNo Gravatar May 18, 2010 at 9:33 am

201.06(d)
II (F) Filing date: *>If andoes not, search fee, and examination feeappropriate fees< (as fees cannot otherwise be transmitted by facsimile).

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6 SNo Gravatar May 18, 2010 at 9:35 am

Sorry, typo.

201.06(d)

II (F) Filing date:

*>If andoes not, search fee, and examination feeappropriate fees< (as fees cannot otherwise be transmitted by facsimile).

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7 SNo Gravatar May 18, 2010 at 9:37 am

201.06(d)

II (F) Filing date:

If an applicant filing a CPA by facsimile does not include an authorization to charge the basic filing fee, search fee, and examination fee to a deposit account or to a credit card using PTO-2038 (See MPEP § 509), the application will be treated under 37 CFR 1.53(f) as having been filed without the appropriate fees (as fees cannot otherwise be transmitted by facsimile).

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8 ScottNo Gravatar April 4, 2011 at 3:59 pm

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9 ZNo Gravatar March 31, 2013 at 3:28 pm

Got this 3/30/13.

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10 DeaterNo Gravatar December 24, 2014 at 12:51 pm

“Applicants filing a CPA by facsimile transmission may include a “Receipt for Facsimile Transmitted CPA” (PTO/SB/29A) containing a mailing address and identifying information (e.g., the prior application number, filing date, title, first named inventor) with the request for a CPA. The USPTO will: (A) separate the “Receipt for Facsimile Transmitted CPA” from the CPA request papers; (B) date-stamp the “Receipt for Facsimile Transmitted CPA”; (C) verify that the identifying information provided by the applicant on the “Receipt for Facsimile Transmitted CPA” is the same information provided on the accompanying request for a CPA; and (D) mail the “Receipt for Facsimile Transmitted CPA” to the mailing address provided on the “Receipt for Facsimile Transmitted CPA.” The “Receipt for Facsimile Transmitted CPA” cannot be used to acknowledge receipt of any paper(s) other than the request for a CPA. A returned “Receipt for Facsimile Transmitted CPA” may be used as prima facie evidence that a request for a CPA containing the identifying information provided on the “Receipt for Facsimile Transmitted CPA” was filed by facsimile transmission on the date stamped thereon by the USPTO. As the USPTO will verify only the identifying information contained on the request for a CPA, and will not verify whether the CPA was accompanied by other papers (e.g., a preliminary amendment), the “Receipt for Facsimile Transmitted CPA” cannot be used as evidence that papers other than a CPA were filed by facsimile transmission in the USPTO. Likewise, applicant-created “receipts” for acknowledgment of facsimile transmitted papers (whether created for the acknowledgment of a CPA or other papers) cannot be used as evidence that papers were filed by facsimile in the USPTO. Applicants are cautioned not to include information on a “Receipt for Facsimile Transmitted CPA” that is intended for retention in the application file, as the USPTO does not plan on retaining a copy of such receipts in the file of the application.

If an applicant filing a CPA by facsimile does not include an authorization to charge the basic filing fee, search fee, and examination fee to a deposit account or to a credit card using PTO-2038 (See MPEP § 509), the application will be treated under 37 CFR 1.53(f) as having been filed without the appropriate fees (as fees cannot otherwise be transmitted by facsimile).”

Looks like it’s the Utility and Plant applications filed after 1995 are the ones that are treated like a RCE, an actual design CPA will be treated as a regular CPA filed without a fee.

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