What should an examiner do if an IDS is filed after the first Office action?
What should an examiner do if an IDS is filed after the first Office action?
If an Information Disclosure Statement (IDS) is filed after the first Office action, the examiner should follow these steps:
- Check if the IDS complies with the requirements of 37 CFR 1.97(c) and 37 CFR 1.97(e).
- Ensure that the appropriate fee or certification is included.
- If compliant, consider the information submitted in the IDS.
- If necessary, issue a supplemental Office action addressing any newly cited references.
As stated in MPEP 609.01: ‘The examiner should consider the information submitted in an IDS in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search.’
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Topics:
Patent Law,
Patent Procedure