IDS stand for Information Disclosure Statement. IDS file becomes an important part in the patent process. 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 File
The IDS is part of an applicant’s duty to work in good faith and with complete candour 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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IDS Filing Steps
One needs to follow certain steps while IDS File procedure. The steps are as follows:
1. Initiate with IDS Header:
This is the first step in IDS file process. While filing IDS one needs to file an original application number and filing date. Also, mention first named inventor, the unit location of the art, and docket number of the attorney.
2. USPTO patent references:
It is important to refer to the WIPO standard list of codes to put the patent number with the type code. One must also include the date of issue, patentee name, and the page number which is relevant from the patent.
3. Include reference of the publication of the USPTO patent application
The inclusion of the kind code and publication number from the publication one cites is important. It is also important to mention the relevant pages, date of publication, and patentee name.
4. 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.
5. Fill relevant documents of Non-patent literature:
One needs to mention the relevant documents such as author’s name, the title of articles, and information about the publisher.
6. Certification Statement:
It is very important to generate a certification mentioning that the information was mentioned in a foreign publication less than three months ago. Also, one needs to mention that he had no idea about it more than 3 months prior.
7. Submit the Information Disclosure Statement (IDS):
The last step of IDS file is to put the date and send the form after signing and printing your name over it.
When to File IDS
Timely IDS file is an important part of the process. One needs to timely file IDS in order for the information in IDS to consider it officially. While one can submit IDS at different stages of prosecution, one should file IDS as early as possible. It reduces the additional cost. For example, in certain instances, one requires to file a request for continued examination for the sole purpose of filing IDS.
37 C.F.R. § 1.97 generally governs when and how one can submit IDS at different stages of prosecution. Depending on the stage of prosecution, there may be additional requirements in filing the IDS, as explained below.
“First Stage”—37 C.F.R. 1.97(b)
An applicant must file IDS within 3 months of the U.S. filing date. One can also file before the mailing of a first office or after the filing of a Request for Continued Examination. If one files IDS during this stage of prosecution, there is no need to file a 37 C.F.R. §1.97(e) statement or a government fee therewith.
“Second Stage”—37 C.F.R. 1.97(c)
If the First Stage expires, an applicant may file IDS before the mailing of a final Office action or a Notice of Allowance. However, if one files IDS in this stage of prosecution, the IDS must be accompanied by one of the two statements. The two statements are either a 37 C.F.R. §1.97(e) statement or the government fee set forth in 37 C.F.R. § 1.17(p).
“Third Stage”—37 C.F.R. 1.97(d)
If the Second Stage expires, an applicant may file IDS before or with payment of the issue fee. However, if one files IDS in this stage of prosecution, the IDS must be accompanied by both the statements. One must submit both 37 C.F.R. 1.97(e) statement and the government fee set forth in 37 C.F.R. 1.17(p). If 37 C.F.R. 1.97(e) statement cannot be made, then an applicant must file an RCE so that the examiner considers the IDS.
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 file, 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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