What is the purpose of information disclosure statement?

An information disclosure statement (often abbreviated as IDS) refers to a submission of relevant background art or information to the United States Patent and Trademark Office (USPTO) by an applicant for a patent during the patent prosecution process.

What needs to be cited in an IDS?

(1) Each U.S. patent listed in an information disclosure statement must be identified by inventor, patent number, and issue date. (2) Each U.S. patent application publication listed in an information disclosure statement shall be identified by applicant, patent application publication number, and publication date.

Can you file an IDS after final Office action?

An IDS filed after a Final office action or Notice of Allowance, but before payment of the Issue Fee, must be accompanied by a §1.97(e) statement and a $180 fee. An IDS filed after the payment of the Issue Fee will not be considered by the USPTO.

What is IDS in intellectual property?

During the patent prosecution process in the US, a patent applicant/inventor must disclose all the known prior art references to the USPTO. This prior art information is disclosed in a set format known as the information disclosure statement (IDS).

What is material to patentability?

(b) Under this section, information is material to patentability when it is not cumula- tive to information already of record or being made of record in the application, and (1) It establishes, by itself or in combination with other information, a prima facie case of unpatentability of a claim; or (2) It refutes, or is …

What is Qpids?

The QPIDS program seeks to reduce pendency and applicant costs when an information disclosure statement (IDS) is filed after payment of the issue fee. The program permits consideration of an IDS after payment of the issue fee without having to reopen prosecution in response to a request for continued examination (RCE).

Is a restriction requirement an Office action on the merits?

The Office action making the restriction requirement final also ordinarily includes an action on the merits of the claims of the elected invention. If the election is made with traverse, it is proper to make the restriction requirement final after consideration of the reasons for traversal.

What is final Office action?

Receiving a final office action means that your patent application has been rejected at least twice, and the patent examiner is maintaining their reason(s) as to why the application is not allowable. Receiving a final office action does not mean that your patent application will never be allowed.

How do you respond to an office action?

To respond to a final office action, use the TEAS Request for Reconsideration after Final Action form. NOTE: If you need to respond to an office action, and you cannot resolve all outstanding issues by phone or email, you must file your response to the office action through TEAS.

When to use MPEP § 609.05 ( a )?

See MPEP § 609.05 (a) . See MPEP § 609.05 (a) for situations where the use of this form paragraph would be appropriate. The information disclosure statement filed [1] fails to comply with 37 CFR 1.97 (c) because it lacks a statement as specified in 37 CFR 1.97 (e).

What are the limitations of MPEP intended use?

MPEP Intended Use (Functional) Limitations. There is nothing wrong with defining some part of an invention in functional terms in your patent application. Functional language does not necessarily render a claim invalid. However, you should carefully evaluate your claim to avoid an “intended use” finding by an Examiner.

When does MPEP apply to a patent application?

[Editor Note: This MPEP section is applicable to applications subject to the first inventor to file (FITF) provisions of the AIA except that the relevant date is the “effective filing date” of the claimed invention instead of the “time the invention was made,” which is only applicable to applications subject to pre-AIA 35 U.S.C. 102.

Which is the ninth edition of the MPEP?

This is the Ninth Edition of the MPEP, Revision 08