What are the requirements for an Information Disclosure Statement to be considered by the USPTO?
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.
For an Information Disclosure Statement (IDS) to be considered by the USPTO during the pendency of a patent application, it must meet three key requirements:
- Comply with the content requirements of 37 CFR 1.98
- Be filed in accordance with the procedural requirements of 37 CFR 1.97
- Be signed in compliance with 37 CFR 1.33(b)
The MPEP states: In order to have information considered by the Office during the pendency of a patent application, an information disclosure statement must be (1) in compliance with the content requirements of 37 CFR 1.98, (2) filed in accordance with the procedural requirements of 37 CFR 1.97 and (3) signed in compliance with 37 CFR 1.33(b).
Additionally, the use of form PTO/SB/08, ‘Information Disclosure Statement,’ is encouraged to provide the required list of information.