What is the significance of the phrase ‘complying information disclosure statement’ in MPEP 609.05(b)?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 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. The phrase ‘complying information disclosure statement’ in MPEP 609.05(b) is significant because it distinguishes between IDSs that meet all the regulatory requirements and those that do not. The MPEP states: Information disclosure statements will be considered by the examiner if the statement is in compliance with the content requirements of 37 CFR 1.98 and the requirements of 37 CFR 1.97. A complying IDS: Meets the content requirements of 37 CFR 1.98 Satisfies the timing and fee requirements of 37 CFR 1.97 Will be fully considered by the examiner Ensures that the applicant has fulfilled their duty of disclosure Non-complying IDSs may not be fully considered or may require corrections before examination. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Complying Information Disclosure Statements Requirement MPEP 609.05(b) Information Disclosure Statements Must Be Considered Like Other Prior Art Documents MPEP 609.05(b) Examiner Will Consider Information Disclosure Statement MPEP 609 Requirement for Proper Information Disclosure Statement MPEP 609 Compliant Information Disclosure Statement Items Must Be Considered MPEP 609.05(b) Use PTO/SB/08 for Information Disclosure Statements MPEP 609 Requirement for Information Disclosure Statement MPEP 609 Fee for Information Disclosure Statement MPEP 609 Information Disclosure Statements Prohibited in Provisional Applications MPEP 609 Information Disclosure Statement Must Be Filed Using PTO/SB/08 Form MPEP 609 Permitted Other Related FAQs 5 FAQs Collapse What happens if an IDS is filed after the issue fee has been paid? What is the significance of the examiner&#8217;s initials on an IDS? How does an examiner indicate that ...