How does a CPA affect confidentiality and public access to application information?

Filing a Continued Prosecution Application (CPA) has implications for the confidentiality of the application. As stated in the MPEP:

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.

This means:

• The CPA is treated as a waiver of confidentiality for the prior application
• Members of the public who have access to the CPA may also be given access to the prior application
• This applies to all applications in the chain of CPAs

Applicants should consider this loss of confidentiality when deciding whether to file a CPA or a new application under 37 CFR 1.53(b).

For more information on Patent application access, visit: Patent application access.

For more information on public information, visit: public information.