What are the requirements for a complying Information Disclosure Statement?
A complying Information Disclosure Statement (IDS) must meet the following requirements: Content requirements as specified in 37 CFR 1.98 Timing requirements based on when the IDS is filed, as specified in 37 CFR 1.97 The MPEP states: ‘The information contained in information disclosure statements which comply with both the content requirements of 37 CFR 1.98…
Read MoreHow are documents submitted as part of an applicant’s reply to an Office action handled?
Documents submitted as part of an applicant’s reply to an Office action are handled differently from regular Information Disclosure Statements: They do not need to comply with 37 CFR 1.97 and 37 CFR 1.98 to be considered The examiner will consider the portion of the document relied upon as rebuttal evidence The entire document may…
Read MoreHow does an examiner handle noncomplying Information Disclosure Statements?
When an Information Disclosure Statement (IDS) does not comply with the requirements of 37 CFR 1.97 and 37 CFR 1.98, the examiner will handle it as follows: The IDS will be placed in the application file, but the information will not be considered. The examiner will write ‘not considered’ on the IDS where none of…
Read MoreHow 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…
Read MoreHow 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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