What are the requirements for submitting an IDS electronically?

Electronic submission of an Information Disclosure Statement (IDS) is limited to specific methods and formats. The MPEP states: ‘Electronic means or medium for filing IDSs are not permitted except for: (A) IDSs electronically submitted using the USPTO patent electronic filing system (see MPEP § 609.07); or (B) copies of large tables, computer program listings, and…

Read More

How should patent examiners review and consider an Information Disclosure Statement (IDS)?

Patent examiners should review and consider an Information Disclosure Statement (IDS) as follows: Check for compliance with 37 CFR 1.97 and 1.98 Consider the properly submitted information in the same manner as other documents in Office search files For e-IDS, use the e-IDS icon on the examiner’s workstation to consider cited U.S. patents and U.S.…

Read More

How should an examiner handle non-compliant IDSs?

How should an examiner handle non-compliant IDSs? When an examiner encounters a non-compliant Information Disclosure Statement (IDS), they should follow these steps: Identify the specific non-compliance issue(s). Return the IDS to the applicant or patent owner. Provide a Notice of Non-Compliant Information Disclosure Statement (PTO-1449). Explain the reason(s) for non-compliance in the notice. Do not…

Read More

What is the examiner’s responsibility regarding NPL citations in an IDS?

What is the examiner’s responsibility regarding NPL citations in an IDS? Examiners have specific responsibilities when handling Non-Patent Literature (NPL) citations in an Information Disclosure Statement (IDS): The examiner should indicate that all references have been considered, except where lined through. For NPL, the examiner should ensure that bibliographic information is complete and legible. If…

Read More