What is the statement required under 37 CFR 1.97(e) for an IDS?

The statement under 37 CFR 1.97(e) for an Information Disclosure Statement (IDS) must state either:

1. Each item of information in the IDS was first cited in a communication from a foreign patent office in a counterpart foreign application not more than three months prior to filing the statement, or
2. No item of information in the IDS was cited in a communication from a foreign patent office in a counterpart foreign application, and to the knowledge of the person signing the statement, no item of information was known to any individual designated in 37 CFR 1.56(c) more than three months prior to filing the statement.

According to MPEP 609.04(b): A statement under 37 CFR 1.97(e) can contain either of two statements. One statement is that each item of information in an information disclosure statement was first cited in any communication, such as a search report, from a patent office outside the U.S. in a counterpart foreign application not more than three months prior to the filing date of the statement. Applicant would not be able to make a statement under 37 CFR 1.97(e) where an item of information was first cited by a foreign patent office, for example, a year before the filing of the IDS, in a communication from that foreign patent office, and the same item of information is once again cited by another foreign patent office within three months prior to the filing of the IDS in the Office.

To learn more:

• IDS
• Information Disclosure Statement
• Patent Application
• 37 CFR 1.97(e)

To learn more:

• 37 CFR 1.97(e)