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.…

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What is the examiner’s responsibility regarding non-compliant IDSs?

What is the examiner’s responsibility regarding non-compliant IDSs? When an examiner encounters a non-compliant Information Disclosure Statement (IDS), they have specific responsibilities: The examiner must inform the applicant of the non-compliance in the next Office action. The examiner should clearly indicate which requirements have not been met. The non-compliant IDS will be placed in the…

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How should foreign language documents be handled in an Information Disclosure Statement?

For foreign language documents cited in an Information Disclosure Statement: A concise explanation of relevance must be provided for non-English documents If a complete English translation is submitted, no concise explanation is required An English language abstract may satisfy the concise explanation requirement A copy of a search report from a foreign patent office citing…

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How are non-English language documents in an Information Disclosure Statement handled?

Non-English language documents submitted in an Information Disclosure Statement (IDS) are handled as follows: They are considered in view of the concise explanation submitted They are understood to the extent possible based on drawings, chemical formulas, etc. Examiners are not required to have the documents translated Examiners indicate consideration in the same manner as English…

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How does an examiner indicate consideration of an Information Disclosure Statement?

When an examiner considers an Information Disclosure Statement (IDS), they indicate their consideration in specific ways: Traditionally, the examiner places their initials adjacent to the citations on the PTO/SB/08 form or its equivalent. An alternative electronic signature method may also be used, where: Examiners no longer initial each reference citation considered. Citations not considered are…

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How does an examiner indicate that they have considered an information disclosure statement (IDS)?

An examiner can indicate consideration of an IDS in two ways: By placing their initials adjacent to the citations on the PTO/SB/08 form or its equivalent. Using an alternative electronic signature method where: Each page of reference citations is stamped with “All references considered except where lined through” along with the examiner’s electronic initials. The…

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