How does submitting documents as evidence differ from filing an information disclosure statement?
Submitting documents as evidence in a reply to an Office action is distinct from filing an information disclosure statement (IDS). The MPEP clarifies:
“Compliance with the information disclosure rules is not a threshold requirement to have information considered when submitted by applicant to support an argument being made in a reply to an Office action.”
When submitting documents as evidence, applicants don’t need to comply with the requirements of 37 CFR 1.97 and 37 CFR 1.98. However, if the same documents are also listed on an IDS form (e.g., PTO/SB/08), the applicant must comply with IDS rules for those documents to be considered as part of the IDS.
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Topics:
Patent Law,
Patent Procedure