What Applications are Subject to Publication?
CAI1. Will Divisionals, Continuations-in-Part, Continuations, and/or Continued Prosecution Applications (CPA) filed on or after 11/29/00 (the effective date of the eighteen-month publication provisions of the AIPA), based on original applications filed before the effective date, be subject to the mandatory publication? (Renumbered from C2) Yes. Any nonprovisonal application (other than for a design patent) filed on or after November 29, 2000 is subject to the eighteen-month publication provisions of the AIPA. This includes continuation, divisional, and continuation-in-part applications of applications filed prior to November 29, 2000. It does not matter whether the continuing application was filed under 37 CFR 1.53(b), or as a CPA under 37 CFR 1.53(d). Since a request for a continued examination (RCE) under 37 CFR 1.114 is not a continuing application, filing a RCE of an application filed prior to November 29, 2000 will not make that application subject to the eighteen-month publicatio
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