What is the examiner’s responsibility regarding non-compliant IDSs?

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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. What is the examiner’s responsibility regarding non-compliant IDSs? When an examiner encounters a non-compliant Information Disclosure Statement (IDS), they have specific responsibilities: The examiner must inform the applicant of the non-compliance in the next Office action. The examiner should clearly indicate which requirements have not been met. The non-compliant IDS will be placed in the application file but will not be considered by the examiner. As stated in MPEP 609.05(a) : ‘If an information disclosure statement does not comply with the requirements based on the time of filing of the IDS (37 CFR 1.97) and/or the content requirements (37 CFR 1.98), the examiner should: (A) inform applicant in the next Office action that the information disclosure statement has been placed in the application file but has not been considered; and (B) inform applicant of the reasons for non-compliance.’ This ensures that the applicant is aware of the issue and has an opportunity to correct it or submit a compliant IDS. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Proper Information Disclosure Statement MPEP 609 Late Filing of Information Disclosure Statement Allowed With Fee MPEP 609 Required Information Disclosure Statement Filing Requirements Not Met MPEP 609.05(a) Information Disclosure Statement Not Considered and Reasons Explained MPEP 609.05(a) Requirement for Information Disclosure Statement MPEP 609 Examiner Will Consider Information Disclosure Statement MPEP 609 Information Disclosure Statement Filing Does Not Imply Search Conducted MPEP 609 Fee for Information Disclosure Statement MPEP 609 Information Disclosure Statement Must Be Filed Using PTO...