How should an examiner handle non-compliant IDSs?

How should an examiner handle non-compliant IDSs?

When an examiner encounters a non-compliant Information Disclosure Statement (IDS), they should follow these steps:

1. Identify the specific non-compliance issue(s).
2. Return the IDS to the applicant or patent owner.
3. Provide a Notice of Non-Compliant Information Disclosure Statement (PTO-1449).
4. Explain the reason(s) for non-compliance in the notice.
5. Do not initial or consider the references listed on the non-compliant IDS.

According to MPEP 609.01: ‘Information submitted to the Office that does not comply with the requirements of 37 CFR 1.97 and 37 CFR 1.98 will not be considered by the Office but will be placed in the application file.’

The examiner should provide clear guidance on how to correct the non-compliance, allowing the applicant to resubmit a compliant IDS.

To learn more:

• IDS
• non-compliant IDS
• examiner procedure
• patent examination