IDS stand for Information Disclosure Statement. IDS management describes all prior art and the technology that one claims in the invention. It places the burden of disclosure on the inventor or applicant. If an application doesn’t have this statement or fails to include key prior art, the patent may become invalid. As we know that the applicant is more likely to be aware of the existing patents than the examiner. So, the USPTO requires the applicant to mention the entire prior art and claims of the invention in IDS.
Essentials of IDS Management:
The IDS is part of an applicant’s duty to work in good faith and with complete candor when applying for a patent. Applicants should include any information that may affect an invention’s patentability. In addition, they must also disclose prior art in the patent application.
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Significance of IDS management:
The main significance of IDS management is the disclosure of the prior art. This makes it easy for the examiner to know about all the related things about the applicant’s invention. It is simply anything that explains the technology of the invention which is similar to the applicant’s invention.
If one fails to comply with the rules of filing IDS, the patent grant over the invention becomes unenforceable.
This will happen because; it gives an impression that the inventor didn’t disclose the prior art of which he was aware of.
Content requirement in IDS:
This is one of the most important points of IDS management. The content in the IDS must be in compliance with the provisions listed in IDS by the office. The content is as follows:
List of all publications, patents and other information:
The office requires a specified identification for each page of IDS and one must list the publication of the patent application separately. It also requires a column that provides a space next to each document to permit the examiner’s initials. One must also include a heading that identifies the list as IDS.
The content requirement also includes that each page of the list must clearly identify the application number while submitting the IDS.
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The information disclosure statement must include:
- Each foreign patent.
- The publication or portion due to which the listing took place other than the patent application publication.
- For each unpublished application, one must submit the application specification including claims and drawings.
- A copy of the translation of non-English language statement to the English language documents.
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Relevance for Non-English language information:
The IDS must further include a concise explanation of the relevance which must be understood by the individual designated in the office. If one completes the translation of the information in English as well as non-English language, then one doesn’t need a concise explanation. The explanation may be either separate from the specification or part of the specification.
If explanation is part of the specification, the listing includes pages or lines where the concise explanation is located in the specification.
Reasons for filing IDS:
You should file IDS if the prior art meets any of these criteria:
- It is known or sold anywhere in the world.
- The prior art has got a patent grant in any country.
- It is featured in a publication of the application anywhere in the world.
- The description of the prior art is present in an issued USPTO patent or a foreign patent application.
Why Choose Us? – Smart IDS Solutions
It is very important to prepare an Information Disclosure Statement (IDS) while filing a patent. If you are looking to seek any assistance regarding IDS management, Smart IDS Solutions (SIS) will guide you with the IDS preparation process. We have a highly skilled professional team who are experts in this domain. Our team prepares ready-to-file IDS forms in USPTO prescribed formats in a cost-effective manner. We compile data with obligation, maintain and update it by timely and accurately reporting prior art references. We ensure 100% quality assurance in IDS creation for our corporate clients. To avail our services, visit Smart IDS Solutions.
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