What happens to Information Disclosure Statements (IDS) when filing a CPA?

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.

When filing a Continued Prosecution Application (CPA), previously filed Information Disclosure Statements (IDS) are handled as follows:

• All IDSs filed in the prior application that comply with 37 CFR 1.98 are automatically considered in the CPA
• No specific request is needed for the examiner to consider the previously submitted information
• New IDSs can be filed in the CPA and will be considered if they comply with the content requirements and are filed before the first Office action

The MPEP states: All information disclosure statements filed in the prior application that comply with the content requirements of 37 CFR 1.98 will be considered in a CPA by the examiner. No specific request that the previously submitted information be considered in a CPA is required.

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