What happens to Information Disclosure Statements (IDS) when filing a CPA?
When filing a Continued Prosecution Application (CPA), previously filed Information Disclosure Statements (IDS) are handled as follows:
- All IDSs filed in the prior application that comply with 37 CFR 1.98 are automatically considered in the CPA
- No specific request is needed for the examiner to consider the previously submitted information
- New IDSs can be filed in the CPA and will be considered if they comply with the content requirements and are filed before the first Office action
The MPEP states: 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 that the previously submitted information be considered in a CPA is required.
For more information on patent applications, visit: patent applications.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure