How does filing an Information Disclosure Statement (IDS) affect patent term adjustment?
Filing an Information Disclosure Statement (IDS) can potentially reduce patent term adjustment under certain circumstances. However, the reduction can be avoided if the IDS is accompanied by a statement under 37 CFR 1.704(d).
The MPEP states: “37 CFR 1.704(d) provides that a paper containing only an information disclosure statement in compliance with 37 CFR 1.97 and 1.98 will not be considered (result in a reduction) under 37 CFR 1.704(c)(6), 1.704(c)(8), 1.704(c)(9), or 1.704(c)(10) if it is accompanied by a statement” that meets specific criteria regarding the timing of when the information was first cited or received.
To avoid reduction, the statement must indicate that each item of information:
- Was first cited in a communication from a patent office no more than 30 days prior to the filing of the IDS, or
- Is a communication that was issued by a patent office no more than 30 days prior to the filing of the IDS
Using USPTO form PTO/SB/133 when submitting this statement is strongly recommended to ensure proper processing.
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