If you facsimile to file CPA and no fee, It will be treated as CPA with no fee.
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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
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.”
201.06(d)
II (F) Filing date: *>If andoes not, search fee, and examination feeappropriate fees< (as fees cannot otherwise be transmitted by facsimile).
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).
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 ยง 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).