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.
Filing a Continued Prosecution Application (CPA) includes a waiver of confidentiality for the prior 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.
This means that if someone is entitled to access information about either the CPA or the prior application, they may also be given access to information about the other related applications in the file. Applicants should be aware of this reduced confidentiality when deciding whether to file a CPA.