What is required for non-English language information in an IDS?
When submitting non-English language information in an Information Disclosure Statement (IDS), a concise explanation of the relevance is required. The MPEP states: ‘Each information disclosure statement must further include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the…
Read MoreWhat information is required for non-English language documents in an IDS?
What information is required for non-English language documents in an IDS? For non-English language documents cited in an Information Disclosure Statement (IDS), the following information is required: A concise explanation of the relevance of the document, unless a complete translation is provided. A written English language translation of the document, or a portion thereof, if…
Read MoreWhat are the requirements for submitting non-English language information in an IDS?
When submitting non-English language information in an Information Disclosure Statement (IDS), there are specific requirements that must be met. The MPEP 609.05(a) addresses this issue with form paragraph 6.49.09: The information disclosure statement filed [1] fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it…
Read MoreWhat information is required for non-patent literature in an Information Disclosure Statement?
When including non-patent literature in an Information Disclosure Statement (IDS), you must provide the following information: Publisher Author (if any) Title Relevant pages Date Place of publication According to MPEP 609.04(a): Each publication listed in an information disclosure statement must be identified by publisher, author (if any), title, relevant pages of the publication, date, and…
Read MoreWhat happens if an Information Disclosure Statement (IDS) doesn’t comply with USPTO requirements?
If an Information Disclosure Statement (IDS) doesn’t comply with USPTO requirements, it will be placed in the file but not considered by the Office. According to MPEP 609.05(a): Pursuant to 37 CFR 1.97(i), submitted information, filed before the grant of a patent, which does not comply with 37 CFR 1.97 and 37 CFR 1.98 will…
Read MoreWhat are the requirements for citing NPL documents in an IDS?
What are the requirements for citing NPL documents in an IDS? When citing Non-Patent Literature (NPL) documents in an Information Disclosure Statement (IDS), specific requirements must be met to ensure proper identification and consideration. According to MPEP 609.04(a): “Each publication listed in an information disclosure statement must be identified by publisher, author (if any), title,…
Read MoreIs the listing of references in the PCT international search report considered an IDS?
No, the listing of references in the PCT international search report is not considered an Information Disclosure Statement (IDS) complying with 37 CFR 1.98. As stated in MPEP 609.03: “The listing of references in the PCT international search report is not considered to be an information disclosure statement (IDS) complying with 37 CFR 1.98.” To…
Read MoreHow are references from the international search report considered in a PCT national stage application?
In a PCT national stage application, the examiner will consider all U.S. patents, U.S. patent application publications, and U.S. pending applications cited in the international search report that are stored electronically in the USPTO’s Image File Wrapper (IFW) system. As stated in MPEP 609.03: “The examiner will consider other documents cited in the international search…
Read MoreWhat is the Quick Path Information Disclosure Statement (QPIDS) Pilot Program?
The Quick Path Information Disclosure Statement (QPIDS) Pilot Program is a USPTO initiative that allows, under specific circumstances, for the submission of an Information Disclosure Statement (IDS) after payment of the issue fee but prior to patent grant. According to the MPEP: “In May of 2012 the Office launched the Quick Path Information Disclosure Statement…
Read MoreWhat are the consequences of listing references in the specification instead of an IDS?
Listing references in the specification instead of submitting them in a proper Information Disclosure Statement (IDS) can have significant consequences. The MPEP 609.05(a) addresses this issue with form paragraph 6.49.06: The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, applications,…
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