What is the examiner’s responsibility regarding non-compliant IDSs?
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.
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Topics:
Patent Law,
Patent Procedure