What are the content requirements for an Information Disclosure Statement (IDS)?

An Information Disclosure Statement (IDS) must include:

  • A list of all patents, publications, applications, or other information submitted for consideration
  • A column for examiner’s initials
  • U.S. patents and patent application publications listed separately from other documents
  • Proper identification of each document listed
  • Copies of foreign patents/publications
  • Copies of non-patent literature
  • Copies of pending U.S. applications (if not in IFW system)

MPEP 609.04(a) states: “Each information disclosure statement must include a list of all patents, publications, U.S. applications, or other information submitted for consideration by the Office.” It further specifies that “37 CFR 1.98(b) requires that each item of information in an IDS be identified properly. U.S. patents must be identified by the inventor, patent number, and issue date. U.S. patent application publications must be identified by the applicant, patent application publication number, and publication date.”

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Topics: Patent Law, Patent Procedure
Tags: USPTO