IDS Preparation: What All to Include & Why?

To know everything about IDS Preparation, read the following article.

What is IDS?

If you decide for filing a patent, then you should disclose all the known prior-art or every other information that may be related to the patentability of your invention in a pending application to the USPTO.

It is imperative to submit the prior-art information to the USPTO in the form of an Information Disclosure Statement (“IDS”).

The IDS preparation contains a list of all prior-art. That includes published or granted patents (US or non-US), scientific literature or publications, or any other information. It is your duty as an applicant to disclose the prior-art at the time of filling an application or during the prosecution of the application. This duty is of the inventor as well as all everybody else involved in the IDS preparation and prosecution of the application.      

Also Read: When & How to File IDS?

Contents to Include in IDS Preparation:

The following things are a must disclose in a specified format and you should include them in IDS preparation:

  • Documents for the patent office to consider- All Patents, Publications, applications or other information.
  • A comprehensible copy of:

(i) All foreign patents;

(ii) Each publication or that particular 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(iii) For each cited pending unpublished U.S. application.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 portion that helped in the listing of the invention.

  •  A clear description of the relevance as comprehended by the individual who is 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 description is either separate from the applicant’s patent specification or incorporated therein.
  • A copy of a non-English-language document or portion written in English-language.

Also Read: What is the Importance of IDS File?

Need for filing Information Disclosure Statement

According to the United States Code title 35 and related sections of 37 CFR and the Manual of Patent Examining Procedure (MPEP), patent applicants are to submit relevant art and background that the applicant is aware of in their IDS preparation.

If the prior-art of your invention meets any of the following criteria, then you must file IDS-

  • If the prior art is used, sold or known in the U.S.
  • Got patent grant in another country.
  • Got featured in a publication in the U.S or anywhere in the world.
  • Described in USPTO or other patent application.
  • Already described in patented invention under USPTO.

Also Read: Why Should You Take Information Disclosure Statement Seriously?

When should IDS be filed?

As a matter of practice this is performed by submitting and Information Disclosure Statement or IDS submitted preferably at the time of filing or anytime applicant wants at different stages of prosecution. However, it is recommended to file an IDS (and supplemental IDSs) as early as possible to ensure that it will be considered by the Examiner and to avoid incurring additional costs.

There are many stages during prosecution when the IDS could be filed by an applicant:

  • At the time of filing an application or within fixed time duration i.e., 3 months from the actual filing date of application or before the issuance of first office action.
  • Before mailing the final office action, Notice of Allowance or any action that closes prosecution of the application.
  • Before  you pay issue fee
  • After you pay issue fee but before issuance

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.

Contact us here or go through our free samples.

To avail our services, visit Smart IDS Solutions.

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