How Structured Disclosure earns Respect for your Patent?

Structured disclosure of the patent claims is the weapon to protect your invention into a competitive market by taking advantage of its popularity. The USPTO provides an exclusive right to the patent holder. It allows no one else but the patent holder to make, use, and sell the invention. Otherwise, if someone wants to use the invention, then he must take proper consent from the patent owner.

Contents of an Information Disclosure Statement:                                          

According to 37 CFR 1.97 of USPTO– Draft an Invention Disclosure Statement which is in compliance with § 1.98 in order to get a patent grant or reissuance of a patent. It describes the content of an information disclosure statement.

IDS comprises a list of:

  1. Documents for consideration by the patent office -All Patents, Publications, applications or other information.
  2. A legible copy of:

(i) Each foreign patent;

(ii) Each publication or that portion of the publication, other than U.S. patents and U.S. patent application publications unless required by the Office;

(iii) For each cited pending unpublished U.S. application.

(iv) All other information or that portion that helped in the listing of the invention.

3. (i) A concise explanation of the relevance, as understood by the individual most knowledgeable about the content of the information. The content includes each patent, publication, or other information that is not in the English language. The concise explanation is either separate from the applicant’s specification or incorporated therein.

(ii) A copy of the written English-language of a non-English-language document, or portion thereof which is readily available to any individual.

Disclosure Specification Requirements:

The specification must consist of the three most-essential requirements, namely:

The Written Description Requirement:

It states that the written description must convey the claimed subject in full, clear, concise, adequate, and precise terms. It includes an official date of filing the invention, evidence of inventor’s claim on the subject matter, a complete description of the invention, etc., all that critical information required.

The Enablement Requirement:

Write the specifications in a detailed format that a person with sufficient knowledge in that domain can understand the invention. At the same time, that person can also make use of the invention whenever he wants to. If he/she fails to do so, then the invention is not fit in terms of its disclosure and explanation.

The Best-mode requirement:

Describe the specifications in its best descriptive mode at the time of filing. It ensures that the inventor confronts his/her invention open-heartedly in public, without any hiding-back from the public. Sometimes, intentional concealment of the best mode of explanation and a poor-quality disclosure might lead to rejection of the filed application.

The only comprehensive revelation of the invention in the public domain will allow the United States to protect, shield, and defend the inventor’s invention from any sort of infringement or any other patent right’s assault.

Our Solutions:

At the SmartIDS, we prepare ready-to-file IDS forms. The forms are as per the USPTO prescribed format. We take care of your budget and deliver our services at cost-effective rates. Our team professes at compiling the data with obligation, and ensure prompt and accurate update and maintenance of the same. We provide a 2-tier quality check of IDS drafts. This works as one patent drafter proofreads the application as per the patent office guidelines. After this, another patent drafter reviews the work of the former drafter.  This help maintains 100% quality assurance of the drafts prepared by our professional drafters and proofreaders appreciated by our clients. To know more about our services, visit SmartIDS Solution.

Must Read:

Information Disclosure Form: Top 10 Critical Aspects

Proofread Patent Claims To Avoid Abandonment!!

Leave a Reply