How does filing a CPA affect confidentiality and public access?

Filing a Continued Prosecution Application (CPA) has implications for confidentiality and public access to application information:

• Filing a CPA is construed as a waiver of confidentiality under 35 U.S.C. 122
• Members of the public entitled to access the prior application may be given similar access to the CPA
• This waiver extends to any continuing applications in the chain of CPAs
• Certified copies of CPAs will include the most recent non-continued prosecution application in the chain

MPEP 201.06(d) states: A CPA is construed to include a waiver of confidentiality by the applicant under 35 U.S.C. 122 to the extent that any member of the public who is entitled under the provisions of 37 CFR 1.14 to obtain access to, copies of, or information concerning either the prior application or any continuing application filed under the provisions of 37 CFR 1.53(d) may be given similar access to, copies of, or similar information concerning, the other application(s) in the application file.

For more information on USPTO procedures, visit: USPTO procedures.