Is filing an Information Disclosure Statement considered an admission of prior art search?
No, filing an Information Disclosure Statement (IDS) is not considered an admission that a prior art search has been conducted. The MPEP clearly states:
The filing of an information disclosure statement shall not be construed as a representation that a search has been made. 37 CFR 1.97(g).
Furthermore, the MPEP emphasizes that There is no requirement that an applicant for a patent make a patentability search.
It’s important to note that submitting an IDS is also not an admission of the materiality of the information to patentability. The MPEP states:
The filing of an information disclosure statement shall not be construed to be an admission that the information cited in the statement is, or is considered to be, material to patentability as defined in 37 CFR 1.56(b). 37 CFR 1.97(h).
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