How does the USPTO handle IDSs in Requests for Continued Examination (RCE)?

When dealing with Information Disclosure Statements (IDSs) in Requests for Continued Examination (RCE), the USPTO follows specific guidelines as outlined in the MPEP:

1. Previously considered information: The MPEP states, “Information which has been considered by the Office in the application before the filing of a RCE will be part of the file before the examiner and need not be resubmitted to have the information considered by the examiner and listed on the patent.”
2. Previously submitted but not considered information: The MPEP explains, “Information filed in the application in compliance with the content requirements of 37 CFR 1.98 before the filing of a RCE will be considered by the examiner after the filing of the RCE.”

For example, if an applicant filed an IDS after a final Office action that didn’t meet the requirements of 37 CFR 1.97(d)(1) and (d)(2), the examiner would not have considered it. However, after filing an RCE, the examiner will consider this previously submitted IDS without the need for resubmission.

For more details on RCE, refer to MPEP § 706.07(h).

To learn more:

• Information Disclosure Statement
• IDS
• Request for Continued Examination
• RCE
• patent examination