How 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 the information complies with the requirements.
• If using a PTO/SB/08 form, the examiner will draw a diagonal line or ‘X’ across the form.
• The examiner will inform the applicant that the information has not been considered and explain why using appropriate form paragraphs.

As stated in the MPEP:

‘If an information disclosure statement does not comply with the requirements based on the time of filing of the IDS as discussed in MPEP § 609.04(b), including the requirements for fees and/or statement under 37 CFR 1.97(e), the IDS will be placed in the application file, but none of the information will be considered by the examiner.’

To learn more:

• IDS
• Information Disclosure Statement
• Patent Examination
• MPEP 609.05

To learn more:

• MPEP 609.05