What are the requirements for a complying Information Disclosure Statement?

A complying Information Disclosure Statement (IDS) must meet the following requirements:

  • Content requirements as specified in 37 CFR 1.98
  • Timing requirements based on when the IDS is filed, as specified in 37 CFR 1.97

The MPEP states:

‘The information contained in information disclosure statements which comply with both the content requirements of 37 CFR 1.98 and the requirements, based on the time of filing the statement, of 37 CFR 1.97 will be considered by the examiner.’

When these requirements are met, the examiner will consider the documents in the same manner as other documents in Office search files during a proper field of search.

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Topics: Patent Law, Patent Procedure
Tags: Ids, Information Disclosure Statement, Mpep 609 05, Mpep 60905, patent examination