Can third parties file an Information Disclosure Statement?

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• For unpublished applications: File a protest under 37 CFR 1.291 before a notice of allowance is mailed.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.

To learn more:

• Third Party Submissions
• IDS
• Patent Application
• USPTO
• Prior Art