In a patent application, an Information Disclosure Statement (IDS) is used to describe claimed prior arts or related technology. An application failing to disclose information statement or including prior art and any issued patent may face rejection.
What includes IDS Filing?
- Publications Related to an Invention
- Patents or Prior arts, and
- Patent Applications
As applicants always know more about existing patents or related technologies in comparison to the patent examiner, the USPTO asks applicants or inventors to disclose all prior arts in their IDS.
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Importance of Information Disclosure Statement:
While applying for a patent, it is the applicant’s responsibility to process in disclosure with openness and good faith. Applicants need to include information which may have an effect on the patentability of the invention. Additionally, agents or patent attorneys engaged in the application should disclose prior art. However, avoidance of filing Information Disclosure Statement (IDS) will never be beneficial for you. Even after having issued patent it wouldn’t get enforced. Also, the United State of Patent Trademark Office may consider it as an intention to misguide the office.
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When to File an Information Disclosure Statement?
It is good to file an IDS the moment you find relevant prior art information. In case of new applications, IDS must be filed at the early stage of submission and preferably prior to the issue of the first Office Action to avoid hefty USPTO fees. Finding new prior art via a PCT or corresponding foreign application avoids IDS filing within three months of foreign office action or international search report which mentioned the new prior art to prevent the USPTO fees.
IDS Filing Steps
Initiate with IDS Header:
While filing IDS do not forget to include original application number and filing date. Also, mention first named inventor, the unit location of the art, and docket number of the attorney. You can also include the name of the patent examiner if known to you.
Mention relevant USPTO patent references:
Refer to the WIPO (World Intellectual Property Organization) standard list of codes to put the patent number you are mentioning with the type code. Also, don’t forget to include the date of issue, patentee name, and the page number which is relevant from the patent that has been cited.
Include reference of the publication of the USPTO patent application
Do include kind code and publication number from the cited publication. Also, mention relevant pages, date of publication, and patentee name.
Include Applicable Foreign Patent References:
Do not forget to mention a number of the foreign document that you are quoting with kind codes and WIPO country. Also, include the relevant pages, date of publication, and patentee name. You can refer to the “T” box if you have used translation.
Fill relevant documents of Non-patent literature:
Do mention the author’s name, the title of articles, the title of publications, and information about the publisher. You can refer to the “T” box if you have used translation.
Wrap with the Certification Statement:
Generate a certification mentioning that the information was mentioned in a foreign publication less than three months ago or you did not have any idea about it more than 3 months prior.
Submit the Information Disclosure Statement (IDS):
Put the date and send the form after signing and printing your name over it.
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Why Choose Smart IDS?
We have a team of experts who prepare ready-to-file IDS forms in USPTO prescribed format so that our clients focus on the patent draft. Our professionals make it a point to deliver optimum IDS solution with 100% quality assurance. Till now, we have dealt with more than 45 nations, satisfying them with our IDS service. To know more about our services, please visit our service page.