An information disclosure statement or IDS designates all prior art or other technology-related claims in a patent application. Further, it places the burden of disclosure on the applicant or the inventor. However, if an application does not have this statement or fails to contain key prior art, any issued patent may become invalid.
What is Information Disclosure Statement or IDS?
Patent applicants should complete IDS, which references to the following conditions:
- All patents or prior art
- Patent applications, and
- Publications that associates with an invention.
Generally, inventors are more likely to be aware of existing patents or technology-related claims than a patent examiner. This is because the USPTO requires applicants to disclose all prior art in an IDS.
Read Also: The IDS Particulars: Why, When & How?
Why Are Information Disclosure Statements Important?
The IDS is a fragment of an applicant’s duty to work in good faith and with complete sincerity when filing or applying for a patent. Applicants must generally include any information that affects the patentability of an invention. Additionally, patent attorneys or patent agents who help with the application process needs to disclose prior art.
If you fail to file IDS, it will not be of any benefit to you. Further, if you issue a patent, it may be unenforceable. Additionally, the USPTO may believe that you intend to deceive the office.
Read Also: What is the importance of the IDS File?
Reasons why you should File an Information Disclosure Statement
If the prior art meets any of the criteria, you should file IDS:
- It is known, sold, or used in the U.S.;
- Another country patented the invention;
- It’s featured in a publication in the U.S. or anywhere in the world;
- It also presents in a USPTO or foreign patent application;
- The prior art is described in an issued USPTO patent.
Reasons to Consider Not Filing an Information Disclosure Statement
Only when you or any of the co-applicants are aware of the prior art IDS is necessary. Further, there is no need to do additional research to discover prior art if you don’t already know about it.
Following are some of the common mistakes that are often made while filing IDS
- Not understanding what to disclose in an IDS: This can include anything that interrogates the invention’s novelty or obviousness. If you have applied for related or similar patents before, you can include that prior art in the IDS. Try to be candid and also include more than what you think is necessary.
- Neglecting to reference foreign patents in IDS: It should reference both patents issued by the USPTO. It should also include those that too are issued by international patent offices.
- Failing to update after discovering previously unknown prior art: Applicants should continue to be open throughout the patent application process. However, if you discover prior art via a foreign patent application or an International Patent Search, make sure to issue a supplemental IDS with this information. Keep in mind to translate any foreign prior art into English.
- Not staying up-to-date on the requirements: The USPTO updates its processes and fees constantly. Therefore, always stay up to date and check the USPTO site to know if you need to verify your IDS and pay a fee. You should also check if you can submit it throughout the prosecution process. This will most likely reduce delays in the procedure and quicken the patent application process.
Why choose us?
At SmartIDS Solutions, we manage IDS by providing complete support in preparing, advising, and managing the Information Disclosure Statement by meeting the latest guidelines and deadlines set by the USPTO. Have a look at our services here.