Are 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 examination is given in provisional applications, a disclosure of information is unnecessary.
If an IDS is filed with a provisional application, the USPTO will handle it as follows:
Any such statement filed in a provisional application will be returned or destroyed at the option of the Office.
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Topics:
Patent Law,
Patent Procedure