How does the PTAB handle information disclosure statements filed during an appeal?
The Patent Trial and Appeal Board (PTAB) has a specific procedure for handling information disclosure statements (IDS) filed during an appeal. According to MPEP 1212:
“Consideration of information disclosure statements filed while the Board possesses jurisdiction over the appeal will be held in abeyance until the Board’s jurisdiction ends.“
This means that if an appellant files an IDS while the PTAB is reviewing their appeal, the Board will not immediately consider this new information. Instead, they will wait until they have completed their review and no longer have jurisdiction over the appeal before examining the IDS. This policy helps maintain the integrity of the appeal process by focusing on the issues and evidence presented at the time the appeal was filed.
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