What is the examiner’s responsibility regarding prior art in continuation, divisional, or continuation-in-part applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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 an application under examination is identified as a continuation, divisional, or continuation-in-part of an earlier application, the examiner has specific responsibilities regarding prior art. According to MPEP 2001.06(b) : “If the application under examination is identified as a continuation, divisional, or continuation-in-part of an earlier application, the examiner will consider the prior art properly cited in the earlier application. The examiner must indicate in the first Office action whether the prior art in a related earlier application has been reviewed.” This practice ensures continuity in the examination process and prevents redundant citation of prior art that has already been considered in related applications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse First Office Action Must Indicate Prior Art Review MPEP 2001.06(b) Required Examiner Considers Prior Art of Earlier Application MPEP 2001.06(b) Information from Copending Applications Required MPEP 2001.06(b) Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Requirement for Post-Sept. 16, 2012 Patent Applications MPEP 2001 No Separate Prior Art Citation Needed for Later Application MPEP 2001.06(b) Copending US Patent Applications Must Be Disclosed MPEP 2001.06(b) Individuals Must Disclose Material Information MPEP 2000 Other Related FAQs 5 FAQs Collapse How should information from copending applications be cited to the examiner? What are the consequences of failing to disclose material information about copending ap...