What is the significance of the phrase ‘complying information disclosure statement’ in MPEP 609.05(b)?
The phrase ‘complying information disclosure statement’ in MPEP 609.05(b) is significant because it distinguishes between IDSs that meet all the regulatory requirements and those that do not. The MPEP states:
Information disclosure statements will be considered by the examiner if the statement is in compliance with the content requirements of 37 CFR 1.98 and the requirements of 37 CFR 1.97.
A complying IDS:
- Meets the content requirements of 37 CFR 1.98
- Satisfies the timing and fee requirements of 37 CFR 1.97
- Will be fully considered by the examiner
- Ensures that the applicant has fulfilled their duty of disclosure
Non-complying IDSs may not be fully considered or may require corrections before examination.
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Topics:
Patent Law,
Patent Procedure