How does confidentiality work with CPAs?

Confidentiality in Continued Prosecution Applications (CPAs) is handled differently from standard applications. Filing a CPA includes a waiver of confidentiality to some extent:

• The CPA is construed to include a waiver of confidentiality under 35 U.S.C. 122
• This waiver allows public access to both the prior application and any continuing applications filed under 37 CFR 1.53(d)
• Access is limited to those entitled under 37 CFR 1.14 to obtain information about the applications

The MPEP 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.

This means that if someone is entitled to access information about either the prior application or the CPA, they may be given similar access to information about both applications. This is different from the standard confidentiality provisions for pending applications.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on patent applications, visit: patent applications.