What should an applicant do if their IDS is not considered due to noncompliance?
If an applicant’s Information Disclosure Statement (IDS) is not considered due to noncompliance, they have options to address the issue. According to MPEP 609.05(a):
Applicant may then file a new information disclosure statement or correct the deficiency in the previously filed IDS, but the date that the new IDS or correction is filed will be the date of the IDS for purposes of determining compliance with the requirements based on the time of filing of the IDS (37 CFR 1.97).
This means the applicant can either:
- File a new, compliant IDS
- Correct the deficiencies in the previously filed IDS
It’s important to note that the date of the new or corrected IDS will be considered the filing date for compliance purposes. Applicants should ensure they address the specific issues mentioned in the examiner’s notification to avoid further delays.
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