When should I file an Information Disclosure Statement (IDS) in a reissue application?
While 37 CFR 1.97(b) allows for filing an Information Disclosure Statement (IDS) within 3 months of the filing of an application or before the mailing date of a first Office action, the MPEP recommends earlier filing for reissue applications:
“While 37 CFR 1.97(b) provides for the filing of an information disclosure statement within 3 months of the filing of an application or before the mailing date of a first Office action, reissue applicants are encouraged to file information disclosure statements at the time of filing of the reissue application so that such statements will be available to the public during the 2-month period provided in MPEP § 1441.”
Filing the IDS at the time of filing the reissue application ensures that the information is available to the public during the initial examination period. This practice promotes transparency and helps expedite the examination process. However, remember that the duty to disclose is ongoing, so you may need to file additional IDSs if new material information comes to light during the prosecution of the reissue application.
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