37 CFR § 1.98 — Content of information disclosure (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.98 Content of information disclosure
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 1.98, including 256 rules 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.
Summary
This section provides guidance on the handling of non-patent literature images in compliant third-party submissions, ensuring they are not accessible for viewing or downloading through Patent Center.
What this section covers
- Define that this section covers the handling of non-patent literature images in compliant third-party submissions.
- Identify that this section provides guidance on the accessibility of non-patent literature images in Patent Center.
Key obligations
- State that practitioners must ensure images of non-patent literature cited in compliant third-party submissions are not available for viewing or downloading through Patent Center.
- State that practitioners must comply with the specific requirements outlined in this section to ensure proper handling of non-patent literature images.
- State that practitioners must adhere to the authority provided by USC/CFR for this section's guidance.
Practice notes
- Advise practitioners to review the specific requirements for handling non-patent literature images in third-party submissions.
- Warn practitioners about the potential consequences of failing to ensure non-patent literature images are not accessible.
Official MPEP § 1.98 — Content of information disclosure
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.98 Content of information disclosure statement.
- (a) Any information disclosure statement filed under §
1.97
shall
include the items listed in paragraphs (a)(1), (a)(2) and (a)(3) of
this section.
- (1) A list of all patents, publications,
applications, or other information submitted for
consideration by the Office. U.S. patents and U.S. patent
application publications must be listed in a section
separately from citations of other documents. Each page of
the list must include:
- (i) The application number of the application in which the information disclosure statement is being submitted;
- (ii) A column that provides a space, next to each document to be considered, for the examiner’s initials; and
- (iii) A heading that clearly indicates that the list is an information disclosure statement.
- (2) A legible copy of:
- (i) Each foreign patent;
- (ii) 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;
- (iii) 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 [but see 1287 OG 163 (October 19, 2004) discussed in MPEP § 609.04(a), subsection II]; and
- (iv) All other information or that portion which caused it to be listed.
- (3)
- (i) A concise explanation of the relevance, as it is presently understood by the individual designated in § 1.56(c) most knowledgeable about the content of the information, of each patent, publication, or other information listed that is not in the English language. The concise explanation may be either separate from applicant’s specification or incorporated therein.
- (ii) A copy of the translation if a written English-language translation of a non-English-language document, or portion thereof, is within the possession, custody, or control of, or is readily available to any individual designated in § 1.56(c) .
- (1) A list of all patents, publications,
applications, or other information submitted for
consideration by the Office. U.S. patents and U.S. patent
application publications must be listed in a section
separately from citations of other documents. Each page of
the list must include:
- (b)
- (1) Each U.S. patent listed in an information disclosure statement must be identified by inventor, patent number, and issue date.
- (2) Each U.S. patent application publication listed in an information disclosure statement shall be identified by applicant, patent application publication number, and publication date.
- (3) Each U.S. application listed in an information disclosure statement must be identified by the inventor, application number, and filing date.
- (4) Each foreign patent or published foreign patent application listed in an information disclosure statement must be identified by the country or patent office which issued the patent or published the application, an appropriate document number, and the publication date indicated on the patent or published application.
- (5) Each publication listed in an information disclosure statement must be identified by publisher, author (if any), title, relevant pages of the publication, date, and place of publication.
- (c) When the disclosures of two or more patents or publications listed in an information disclosure statement are substantively cumulative, a copy of one of the patents or publications as specified in paragraph (a) of this section may be submitted without copies of the other patents or publications, provided that it is stated that these other patents or publications are cumulative.
- (d) A copy of any patent, publication, pending U.S.
application or other information, as specified in paragraph (a) of
this section, listed in an information disclosure statement is
required to be provided, even if the patent, publication, pending
U.S. application or other information was previously submitted to,
or cited by, the Office in an earlier application, unless:
- (1) The earlier application is properly identified in the information disclosure statement and is relied on for an earlier effective filing date under 35 U.S.C. 120 ; and
- (2) The information disclosure statement submitted in the earlier application complies with paragraphs (a) through (c) of this section.
[42 FR 5594, Jan. 28, 1977; para. (a) 48 FR 2696, Jan. 20, 1983, effective date Feb. 27, 1983; 57 FR 2021, Jan. 17, 1992, effective Mar. 16, 1992; revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; paras. (a)(2) and (b) revised, 65 FR 57024, Sept. 20, 2000, effective Nov. 29, 2000; para. (e) added, 68 FR 38611, June 30, 2003, effective July 30, 2003; paras. (a) and (c) revised and para. (e) removed, 69 FR 56481, Sept. 21, 2004, effective Oct. 21, 2004]
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- Access Document Types
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- Third Party Access
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- Application Publication
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- Correspondence Address
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- Duty Of Disclosure
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- Reexamination Conclusion
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- Examination Procedure
- Examiner Action
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- Rce Practice
- Fees
- International Design
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- Ida Filing
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- Patent Application Content
- Application Transmittal
- Patent Data Systems
- Patent Issuance
- Withdrawal From Issue
- Patent Term
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- Pct
- Pct Amendments Article 19
- Pct National Stage Examination
- Pct Publication
- Pct Request
- Priority Benefit
- Protest
- Protest Filing
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- Reissue Examination
- Search Requirements
- Section 112
- Section 112A
- New Matter
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- Statutory Invention Registration
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