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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse U.S. Patent Application Publications Must Be Identified by Applicant, Publication Number, and Date MPEP 609.04(a) Required U.S. Patents Must Be Identified By Inventor, Number, and Date MPEP 609.04(a) Required U.S. Patents and Patent Publications Must Be Listed Separately in IDS MPEP 609.04(a) Information Disclosure Statement Must Include Specific Items MPEP 609 Required Information Disclosure Statement Must Include Copies of Listed Items MPEP 609.04(a) Required Information Disclosure Statement Must Comply with 37 CFR 1.98 MPEP 609.04(a) Required Pending U.S. Applications Can Be Listed Separately MPEP 609.04(a) Permitted Information Disclosure Statement M...