What are the consequences of submitting an incomplete or non-compliant IDS?

While the MPEP section provided doesn’t directly address the consequences of submitting an incomplete or non-compliant Information Disclosure Statement (IDS), it does mention a provision for addressing inadvertent omissions:

‘If a bona fide attempt is made to comply with the content requirements of 37 CFR 1.98, but part of the required content is inadvertently omitted, additional time may be given to enable full compliance pursuant to 37 CFR 1.97(f).‘ (MPEP 609.04(a))

However, it’s important to note that:

• Intentional omissions or non-compliance can have serious consequences, including charges of inequitable conduct
• The USPTO may not consider information in a non-compliant IDS
• Correcting deficiencies may require submitting a new IDS, potentially incurring additional fees
• Non-compliance can delay the examination process

To avoid these issues, it’s crucial to carefully follow the IDS requirements outlined in 37 CFR 1.98 and the guidance provided in MPEP 609.04(a). When in doubt, consult with a patent attorney or agent to ensure full compliance.

To learn more:

• IDS
• Information Disclosure Statement
• Patent Application
• USPTO Compliance