What are the requirements for submitting an IDS in a reissue application?

When submitting an Information Disclosure Statement (IDS) in a reissue application, applicants must comply with 37 CFR 1.97 and 1.98. The requirements for document copies have been simplified:

• Copies of U.S. patents or U.S. patent application publications are not required unless specifically requested by the Office.
• For foreign patents, publications, and other information, copies are still required.

MPEP § 1406 states: 37 CFR 1.98(a)(2) requires a legible copy of: (A) each foreign patent; (B) each publication or that portion which caused it to be listed, other than U.S. patents and U.S. patent application publications unless required by the Office; (C) for each cited pending unpublished U.S. application, the application specification including the claims, and any drawing of the application, or that portion of the application which caused it to be listed including any claims directed to that portion; and (D) all other information or that portion which caused it to be listed.

For detailed guidance on IDS requirements, refer to MPEP § 609.

To learn more:

• information disclosure statement
• IDS requirements
• reissue application
• patent references