How does filing a CPA affect confidentiality under 35 U.S.C. 122?

Filing a Continued Prosecution Application (CPA) has implications for the confidentiality of the application under 35 U.S.C. 122:

• Filing a CPA is construed as a waiver of confidentiality to a certain extent
• Members of the public entitled to access the prior application may be given similar access to the CPA and other related applications
• This waiver applies to the entire chain of related 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.

For more information on 35 U.S.C. 122, visit: 35 U.S.C. 122.

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

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