What are the requirements for submitting an IDS electronically?

Electronic submission of an Information Disclosure Statement (IDS) is limited to specific methods and formats. The MPEP states:

Electronic means or medium for filing IDSs are not permitted except for: (A) IDSs electronically submitted using the USPTO patent electronic filing system (see MPEP § 609.07); or (B) copies of large tables, computer program listings, and sequence listings submitted as a PDF file and a “Sequence Listing XML” submitted as an XML file on a read-only optical disc in compliance with 37 CFR 1.52(e)(2) and (3) which are cited in a paper IDS.‘ (MPEP 609.04(a))

Key points for electronic IDS submission:

  • Use the USPTO patent electronic filing system for general IDS submissions
  • Large tables, computer program listings, and sequence listings can be submitted as PDF files
  • “Sequence Listing XML” must be submitted as an XML file on a read-only optical disc
  • A read-only optical disc cannot be used to submit an IDS listing or copies of documents (except for the items mentioned above)
  • Published information, such as software output or videos, must be reduced to writing (e.g., screen shots, transcripts)

It’s important to follow these guidelines to ensure proper processing of your IDS by the USPTO.

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Topics: Patent Law, Patent Procedure
Tags: electronic filing