How should information from AIA trial proceedings be disclosed to patent examiners?
Information from AIA trial proceedings, such as inter partes reviews, post-grant reviews, and covered business method reviews, should be disclosed to patent examiners through an Information Disclosure Statement (IDS). The MPEP 2001.06(c) states:
“In particular, material information that is raised in trial proceedings that is relevant to related applications undergoing examination should be submitted on an Information Disclosure Statement for the examiner’s consideration.”
This ensures that examiners have access to relevant information from these proceedings that may be material to the patentability of pending related applications.
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2001.06(C) - Information From Related Litigation And/Or Trial Proceedings,
Patent Law,
Patent Procedure