What happens if an item in an IDS fails to comply with regulations?

If an item in an Information Disclosure Statement (IDS) fails to comply with the requirements of 37 CFR 1.97 and 37 CFR 1.98, the following actions are taken:

• A line is drawn through the citation to show it has not been considered.
• Other compliant items in the IDS are still considered and initialed by the examiner.

As stated in the MPEP: If an item of information in an IDS fails to comply with requirements of 37 CFR 1.97 and 37 CFR 1.98, a line should be drawn through the citation to show that it has not been considered. The other items of information listed that do comply with the requirements of 37 CFR 1.97 and 37 CFR 1.98 will be considered by the examiner and will be appropriately initialed. (MPEP 609.05(b))

To learn more:

• IDS
• non-compliant references
• patent examination
• 37 CFR 1.97
• 37 CFR 1.98

To learn more:

• 37 CFR 1.97
• 37 CFR 1.98