What 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 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…
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