What are the requirements for filing an Information Disclosure Statement in reexamination proceedings?
Filing an Information Disclosure Statement (IDS) in reexamination proceedings has specific requirements. MPEP 2280 states:
“Individuals are strongly encouraged to file information disclosure statements in accordance with 37 CFR 1.98, within two months of the date of the order to reexamine, or as soon thereafter as possible, in order to bring the patents or printed publications to the attention of the Office.”
The IDS must include:
- A listing of the information disclosed
- An explanation of its relevance
- Copies of foreign patents, publications, and other information as required by 37 CFR 1.98(a)
If filed separately from a statement under 37 CFR 1.530, the IDS must not include discussions of patentability issues in the reexamination.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2280 - Information Material To Patentability In Reexamination Proceeding Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure