How do patent examiners handle prior art from parent applications in continuing applications?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

When examining continuing applications, patent examiners must review the parent applications for pertinent prior art. The MPEP provides specific guidance on this matter:

In all continuing applications, the parent applications must be reviewed by the examiner for pertinent prior art. The examiner must consider prior art which was cited and considered in the parent application.

This process ensures that relevant prior art from the parent application is not overlooked in the examination of the continuing application. Additionally, examiners are required to document their review of the parent application’s prior art. The MPEP states:

Where the cited prior art of a parent application has been reviewed, this fact should be made of record in accordance with the procedure set forth at paragraph (J) of MPEP § 719.05, subsection II.A.

For more information on considering prior art in parent applications, refer to MPEP § 609.02 and MPEP § 2001.06(b).