How should pending U.S. patent applications be listed in an IDS?

How should pending U.S. patent applications be listed in an IDS?

When listing pending U.S. patent applications in an Information Disclosure Statement (IDS), applicants must provide specific information to ensure proper identification. According to MPEP 609.04(a):

“Each U.S. application listed in an information disclosure statement must be identified by the inventor, application number, and filing date.”

Additionally, the MPEP states:

“Where the application is cited only in a pending U.S. application, the cited application should be identified by application number (application number without series code) or patent application publication number, if applicable.”

It’s important to note that:

  • The series code (e.g., 08/, 09/, 10/, etc.) should not be included when citing a pending U.S. application.
  • If a patent application publication exists for the pending application, you may include that number instead of or in addition to the application number.
  • Providing accurate and complete information helps examiners efficiently locate and consider the cited applications during the examination process.

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Topics: Patent Law, Patent Procedure
Tags: citation format, patent procedure, pending applications