What is the examiner’s responsibility regarding non-compliant IDSs?

What is the examiner’s responsibility regarding non-compliant IDSs?

When an examiner encounters a non-compliant Information Disclosure Statement (IDS), they have specific responsibilities:

• The examiner must inform the applicant of the non-compliance in the next Office action.
• The examiner should clearly indicate which requirements have not been met.
• The non-compliant IDS will be placed in the application file but will not be considered by the examiner.

As stated in MPEP 609.05(a): ‘If an information disclosure statement does not comply with the requirements based on the time of filing of the IDS (37 CFR 1.97) and/or the content requirements (37 CFR 1.98), the examiner should: (A) inform applicant in the next Office action that the information disclosure statement has been placed in the application file but has not been considered; and (B) inform applicant of the reasons for non-compliance.’ This ensures that the applicant is aware of the issue and has an opportunity to correct it or submit a compliant IDS.

To learn more:

• IDS
• Non-Compliant IDS
• Patent Examination
• Information Disclosure Statement