What happens if an Information Disclosure Statement (IDS) is incomplete?
When an Information Disclosure Statement (IDS) is incomplete, the USPTO follows a specific procedure as outlined in MPEP 710.02(c):
“Where an information disclosure statement complies with the requirements set forth in 37 CFR 1.97 (including the requirement for fees or statement under 37 CFR 1.97(e) based upon the time of filing), but part of the content requirement of 37 CFR 1.98 has been inadvertently omitted, the examiner may set a 1-month time limit for completion of the information disclosure statement.”
Key points:
- The examiner can set a 1-month deadline to complete the IDS.
- Failure to comply on time will not result in application abandonment.
- However, the incomplete information will not be considered and will be placed in the application file.
For more details on handling incomplete IDSs, refer to MPEP § 609.05(a).
To learn more: