What are the differences in IDS requirements for U.S. national stage applications derived from international applications?
For U.S. national stage applications derived from international applications, there are specific requirements for submitting Information Disclosure Statements (IDSs). The MPEP states:
“When filing a continuing application that claims benefit under 35 U.S.C. 120 to an international application that designated the U.S. (see MPEP § 1895), it will be necessary for the applicant to submit an information disclosure statement complying with 37 CFR 1.97 and 1.98 in the continuing application listing the documents cited in the international search report and/or the international preliminary examination report of the international application if applicant wishes to ensure that the information is considered by the examiner in the continuing application.”
This means that unlike regular continuing applications, where previously cited art is automatically considered, applicants must submit a new IDS in national stage applications to ensure the examiner considers documents from the international phase. For more information on the consideration of documents cited in international search reports in PCT national stage applications, refer to MPEP § 609.03.
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