How does the USPTO handle Information Disclosure Statements (IDS) in Continued Prosecution Applications (CPAs)?
For Continued Prosecution Applications (CPAs) filed under 37 CFR 1.53(d), the USPTO automatically considers information that was considered in the parent application. The MPEP states:
“Information which has been considered by the Office in the parent application of a continued prosecution application (CPA) filed under 37 CFR 1.53(d) will be part of the file before the examiner and need not be resubmitted in the continuing application to have the information considered and listed on the patent.”
This means that applicants do not need to resubmit previously considered information in a CPA. The examiner will have access to and consider this information without any additional action required from the applicant.
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Topics:
Patent Law,
Patent Procedure