How does an examiner notify an applicant about a noncomplying IDS?
When an examiner encounters a noncomplying Information Disclosure Statement (IDS), they use specific form paragraphs to notify the applicant. The MPEP 609.05(a) states:
The examiner may use form paragraph 6.49 which is reproduced below to inform applicant that the information has not been considered.
The examiner will typically use form paragraph 6.49 or one of its variants (6.49.01 to 6.49.10) to explain why the IDS was not considered and what specific requirements were not met. This notification allows the applicant to correct the deficiency or file a new IDS that complies with the requirements.
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Topics:
Patent Law,
Patent Procedure