What happens if an Information Disclosure Statement (IDS) doesn’t comply with USPTO requirements?
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.
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Topics:
Patent Law,
Patent Procedure