How does the submission of an Information Disclosure Statement (IDS) affect patent term adjustment?
The submission of an Information Disclosure Statement (IDS) can affect patent term adjustment as specified in 37 CFR 1.704(d). Key points include:
- An IDS submission may not be considered a failure to engage in reasonable efforts to conclude prosecution if certain conditions are met
- The IDS must be accompanied by a statement that each item of information was first cited in a communication from a foreign patent office not more than 30 days prior to the filing of the IDS
The MPEP states, “A paper containing only an information disclosure statement in compliance with §§ 1.97 and 1.98 will not be considered a failure to engage in reasonable efforts to conclude prosecution” if the specified conditions are met.
To learn more:
Topics:
2000; Grounds For Adjustment,
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2730 - Applications Filed On Or After May 29,
Patent Law,
Patent Procedure