What happens if an Information Disclosure Statement (IDS) doesn’t comply with USPTO requirements?

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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. If an Information Disclosure Statement (IDS) doesn’t comply with USPTO requirements, it will be placed in the file but not considered by the Office. According to MPEP 609.05(a) : Pursuant to 37 CFR 1.97(i), submitted information, filed before the grant of a patent, which does not comply with 37 CFR 1.97 and 37 CFR 1.98 will be placed in the file, but will not be considered by the Office. This means that while the IDS will be part of the application file, the examiner won’t review or consider the information it contains when examining the patent application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Information Disclosure Statement Not Considered and Reasons Explained MPEP 609.05(a) Requirement for Proper Information Disclosure Statement MPEP 609 Examiner Will Consider Information Disclosure Statement MPEP 609 Information Disclosure Statement Filing Requirements Not Met MPEP 609.05(a) Requirement for Information Disclosure Statement MPEP 609 Information Disclosure Statement Must Be Filed Using PTO/SB/08 Form MPEP 609 Permitted Fee for Information Disclosure Statement MPEP 609 Fee Required for Information Disclosure Statement MPEP 609 Information Disclosure Statement Filing Does Not Imply Search Conducted MPEP 609 Requirement for Information Disclosure Statement Compliance MPEP 609 Required Other Related FAQs 5 FAQs Collapse What are the consequences of listing references in the specification instead of an IDS? What are the requirements for submitting non-English language information in an IDS? What is the examiner&#8217;s responsibility regarding non-compliant IDSs? How does an examiner notify an applicant about a noncomplying IDS? What should an applicant ...