How does filing a CPA affect public access to the application?

Filing a Continued Prosecution Application (CPA) has implications for public access to the application. 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. 37 CFR 1.53(d)(6).”

This means:

• The CPA is considered a waiver of confidentiality for the entire application chain
• Members of the public who have access to one application in the chain may be given similar access to others
• This increased accessibility applies to both the prior application and any continuing applications

Applicants should be aware of this potential for increased public access when deciding to file a CPA.

For more information on continuation application, visit: continuation application.

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