IDS filings involve jotting down all the known prior art. But why is it important?
Information Disclosure Statement or IDS is proof of your honesty and authenticity of your invention. IDS filings only include those related prior arts which you are aware of at the time of filing. You don’t need to conduct a special prior art search at the time of filing.
Disclosing already known prior art to the USPTO gives you a clear-chit on the validity of your invention from your side. Therefore, it is important to file IDS within the correct time period. Also, it is mandatory to prepare structured IDS by meeting all the requirements of the Information Disclosure statement.
Not filing IDS on a timely basis will cause abandonment of your application. Hence, it is important to know the correct timelines of IDS filings.
Timeline and Process for IDS Filings
37 CFR 1.97 states the process of filing Information Disclosure Statement with the USPTO. The requirements are in compliance with CFR 1.98 USPTO. Below is the correct time span within which you can file IDS to save your application from abandonment.
- Within 3 months from the filing date of national application
- Within 3 months of the date of entry of the national phase of an international application.
- Before mailing of the first office action.
- Before mailing of the first office action after filing a request for continued examination.
- In a period of 3 months of the date of publication of the international registration under Hague Agreement Article 10(3). This is in case of an international design application.
You can file IDS within the above stated time periods or you can also file it:
- Before mailing of the first office action or notice of allowance or any other action which otherwise closes prosecution. Accompany the IDS form with these following statements in this case:
- A set of a fee.
And either of the following statements:
- Each item present in IDS is already a part of communication from a foreign patent office in a counterpart foreign application. This is not more than 3 months of the filing of Information Disclosure Statement.
- No item of information present in the IDS was present in communication from the foreign patent office in counterpart foreign application. This is not more than 3 months of the filing of Information Disclosure Statement.
Note: IDS filings doesn’t replace a prior art search. Hence, the patent examiner still conducts a prior art search on his/her end to ensure the novelty of the invention.
Attach the following three documents with IDS form:
- Transmittal Letter: indicates the contents of submission, including fee if applicable.
- Foreign Reference: cited by the examiner or by the applicant originally and is viewable in IFW.
- Non-Patent Literature: Document code indicating Non-Patent Literature (NPL). Either the applicant submits it or the examiner.
QPIDS – A solution for late prior art discovery
In case if you find a prior art after the issue fee payment, USPTO has a way for you. The full form of QPIDS is Quick Path Information Disclosure Statement. Through QPIDS certification, you file a petition to withdraw from issue after payment of the issue fee and a request for continued examination. In this case, it is known as the Conditional Request for Continued Examination. It is quite convenient to file QPIDS as you can file it through EFS-Web (USPTO’s online portal).
There is only one condition that the addition of the new prior art should not necessitate reopening of prosecution.
File IDS with SmartIDS Solution
Your patent application is majorly incomplete without an Information Disclosure Statement. You see timelines are important at the time of IDS filings. And also the efforts that take to prepare a structured IDS. If you ever feel the necessity of taking IDS filing services, you can eliminate all your IDS related worries with SmartIDS solution. You will find expert professionals delivering you smart and convenient IDS filing services at reduced rates and turn-around-time. Do make a little inquiry to know more about our services.