What happens if an Information Disclosure Statement (IDS) is incomplete?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 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. When an Information Disclosure Statement (IDS) is incomplete, the USPTO follows a specific procedure as outlined in MPEP 710.02(c) : “Where an information disclosure statement complies with the requirements set forth in 37 CFR 1.97 (including the requirement for fees or statement under 37 CFR 1.97(e) based upon the time of filing), but part of the content requirement of 37 CFR 1.98 has been inadvertently omitted, the examiner may set a 1-month time limit for completion of the information disclosure statement.” Key points: The examiner can set a 1-month deadline to complete the IDS. Failure to comply on time will not result in application abandonment. However, the incomplete information will not be considered and will be placed in the application file. For more details on handling incomplete IDSs, refer to MPEP § 609.05(a) . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Incomplete Information Disclosure Statement Must Be Completed Within 1 Month MPEP 710.02(c) Permitted Requirement for Proper Information Disclosure Statement MPEP 609 Requirement for Information Disclosure Statement MPEP 609 Requirement for Information Disclosure Statement Compliance MPEP 609 Required Information Disclosure Statement Requirement MPEP 710.02(c) Recommended Examiner Will Consider Information Disclosure Statement MPEP 609 Fee for Information Disclosure Statement MPEP 609 Information Disclosure Statement Filing Does Not Imply Search Conducted MPEP 609 Fee Required for Information Disclosure Statement MPEP 609 Timing for Filing Information Disclosure Statement Required MPEP 609 Required Other Related FAQs 5 FAQs Collapse How does 37 CFR 1.136 affect time periods in patent application...