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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Late Filing of Information Disclosure Statement Allowed With Fee MPEP 609 Required Filing of IDS Does Not Admit Materiality to Patentability MPEP 609 Requirement for Proper Information Disclosure Statement MPEP 609 Information Disclosure Statement Using PTO/SB/08 MPEP 609 Permitted Information Disclosure Statement Filing Does Not Imply Search Conducted MPEP 609 Information from Parent Application Considered in CPA MPEP 609.02 Applicants Must Submit Material to Patentability MPEP 609 Requirement for Information Disclosure Statement MPEP 609 Information Disclosure Statement Must Be Filed Using PTO/SB/08 Form MPEP 609 Permitted Information Disclosure Statement Required for International Applications MPEP 609.02 Other Related FAQs 5...