How does the IDS requirement differ for continuation-in-part applications?

How does the IDS requirement differ for continuation-in-part applications?

For continuation-in-part (CIP) applications, the Information Disclosure Statement (IDS) requirements have some specific considerations. According to MPEP 609.02:

‘For continuation-in-part applications, applicant should submit an information disclosure statement complying with the content requirements of 37 CFR 1.98 at the time of filing of the continuation-in-part application.’

This means that for CIP applications:

• A new IDS should be submitted with the CIP application filing
• The IDS should include all information material to patentability of the newly added subject matter
• Previously cited information from the parent application should be re-cited if it’s still material to the claims in the CIP

It’s important to note that the duty of disclosure extends to the new subject matter introduced in the CIP, so applicants should be thorough in their IDS submissions for these types of applications.

To learn more:

• CIP applications
• IDS requirements
• patent disclosure