What happens to amendments and information disclosure statements when filing a CPA?

When filing a Continued Prosecution Application (CPA), amendments and information disclosure statements (IDS) from the prior application are handled as follows:

• Amendments: The MPEP states, “Any new change must be made in the form of an amendment to the prior application as it existed prior to the filing of an application under this paragraph.” Applicants are encouraged to file any preliminary amendments at the time of filing the CPA.
• Information Disclosure Statements: According to the MPEP, “All information disclosure statements filed in the prior application that comply with the content requirements of 37 CFR 1.98 will be considered in a CPA by the examiner.” No specific request for consideration is required.

It’s important to note that amendments or IDSs filed after the CPA filing date could delay prosecution. The MPEP advises, “Applicants are also encouraged to file all preliminary amendments at the time of filing a CPA because the entry of any preliminary amendment filed after the filing date of the CPA could be denied under 37 CFR 1.115 if the preliminary amendment unduly interferes with the preparation of a first Office action.”

For more information on patent application procedures, visit: patent application procedures.