What are the requirements for submitting an IDS after the first Office action?
What are the requirements for submitting an IDS after the first Office action? When submitting an Information Disclosure Statement (IDS) after the first Office action on the merits, additional requirements apply: Timing: The IDS must be filed before the mailing date of a final action, notice of allowance, or other action that closes prosecution. Statement:…
Read MoreWhat are the requirements for an IDS filed after a final Office action or Notice of Allowance?
For an Information Disclosure Statement (IDS) filed after a final Office action, Notice of Allowance, or an Ex parte Quayle action, but before or with payment of the issue fee, the following is required: A statement under 37 CFR 1.97(e), and The fee set forth in 37 CFR 1.17(p) According to MPEP 609.04(b): An information…
Read MoreWhat is required for an IDS filed after the initial period but before final action or allowance?
For an Information Disclosure Statement (IDS) filed after the initial three-month period or first Office action, but before the mailing of a final action, Notice of Allowance, or an Ex parte Quayle action, the following is required: Either a statement under 37 CFR 1.97(e), or The fee set forth in 37 CFR 1.17(p) As stated…
Read MoreWhat are the requirements for submitting an IDS in a continuation, divisional, or continuation-in-part application?
For continuation, divisional, or continuation-in-part applications filed under 37 CFR 1.53(b), the requirements for submitting an Information Disclosure Statement (IDS) depend on whether the information was previously considered in the parent application. The MPEP provides the following guidance: If the information was considered in the parent application, it need not be resubmitted unless the applicant…
Read MoreWhat are the differences in IDS requirements for U.S. national stage applications derived from international applications?
For U.S. national stage applications derived from international applications, there are specific requirements for submitting Information Disclosure Statements (IDSs). The MPEP states: “When filing a continuing application that claims benefit under 35 U.S.C. 120 to an international application that designated the U.S. (see MPEP § 1895), it will be necessary for the applicant to submit…
Read MoreHow does the timing of an IDS submission affect the required certification?
How does the timing of an IDS submission affect the required certification? The timing of an Information Disclosure Statement (IDS) submission directly impacts the required certification: IDS filed within three months of filing or before first Office action: No certification required IDS filed after three months of filing but before first Office action on the…
Read MoreWhat are the timing requirements for submitting an Information Disclosure Statement (IDS)?
The timing requirements for submitting an IDS are: Within 3 months of filing or before first Office action, whichever is later Before final Office action, Notice of Allowance, or Quayle action After final Office action but before issue fee payment After issue fee payment but before patent grant The specific requirements vary based on when…
Read MoreNo more FAQs can be generated
All relevant information from MPEP 609.04 – Content and Timing Requirements for an Information Disclosure Statement has been thoroughly covered in the previously generated FAQs. No additional meaningful questions can be formulated without significant repetition or overlap with existing content. To learn more: Information Disclosure Statement IDS Patent Application To learn more: MPEP Patent Examination…
Read MoreAre Information Disclosure Statements allowed in provisional patent applications?
No, Information Disclosure Statements (IDSs) are not permitted in provisional patent applications. The MPEP clearly states: Information Disclosure Statements (IDSs) are not permitted in provisional applications filed under 35 U.S.C. 111(b). See 37 CFR 1.51(d). The reason for this is that provisional applications do not undergo substantive examination. As the MPEP explains: Since no substantive…
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