Can third parties file an Information Disclosure Statement?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, third parties cannot file Information Disclosure Statements (IDS) under 37 CFR 1.97 and 37 CFR 1.98 . The MPEP clearly states: Third parties (individuals not covered by 37 CFR 1.56(c)) cannot file information disclosure statements under 37 CFR 1.97 and 37 CFR 1.98. However, third parties have other options to submit information: For published applications: Submit patents and publications under 37 CFR 1.290 . For unpublished applications: File a protest under 37 CFR 1.291 before a notice of allowance is mailed. Provide information to the applicant, who may then submit it to the Office in an IDS. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Third Parties Can Provide Information to Applicant for IDS MPEP 609 Permitted Third Parties Cannot File IDS Under 37 CFR 1.97 and 1.98 MPEP 609 Prohibited Third Parties May Only Submit Patents and Publications in Compliance with 37 CFR 1.290 MPEP 609 Permitted Third Parties Can Submit Relevant Publications MPEP 1134 Protest Must Be Filed Before Notice of Allowance And Have Applicant’s Consent MPEP 1901 Required Information Disclosure Statement Using PTO/SB/08 MPEP 609 Permitted Third Parties Can Submit Relevant Publications MPEP 1134 Protest Must Be Filed Before Notice of Allowance MPEP 1901 Required Information Disclosure Statements Prohibited in Provisional Applications MPEP 609 Information Disclosure Statement Must Be Filed Using PTO/SB/08 Form MPEP 609 Permitted Other Related FAQs 5 FAQs Collapse What options does a patentee have regarding interference proceedings? What are the consequences of unauthorized participation by a protestor? How can the public access information about published patent applications? Can a p...