How are Information Disclosure Statements (IDS) handled in national stage applications?
Information Disclosure Statements (IDS) in national stage applications are handled similarly to domestic national applications, with some specific considerations for PCT documents. The MPEP states, “The examiner will consider the documents cited in the international search report and any supplementary international search report under PCT Rule 45bis, without any further action by applicant under 37 CFR 1.97 and 1.98, when both the international search report (or supplementary international search report under PCT Rule 45bis) and copies of the documents are indicated to be present in the national stage file.” However, for documents cited in the international preliminary examination report that are not in the search report, or for applications filed under 35 U.S.C. 111(a) claiming benefit of an international application, applicants must follow the standard IDS procedures under 37 CFR 1.97 and 1.98.
To learn more: