Before analyzing the significance of Information Disclosure Statement, let’s first understand its literal meaning and the areas of its usage. IDS, as its name depicts is a statement that comprises of all the information or details regarding prior art. The applicant files a patent application according to the USPTO guidelines. While doing so he/she submits all the relevant background information of the invention to the USPTO during the patent prosecution process.
There is a possibility that an applicant may fail to submit all the information or misses any part of the relevant prior art. In this case, the patent may get into trouble regarding its issue or the application might become invalid. Not only it’s the responsibility of the applicant, but at the same time, patent attorneys or agents providing help must focus on disclosing the complete information. The applicant needs to ensure that complete information is there in the IDS.
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Major Significance of Information Disclosure Statement:
- In order to get on to the significance of IDS, first, understand the meaning and importance of prior art. Prior art, in short, is evidence which shows that your invention is known to people. It does not need to have physical form; it is anything that is previously explained by someone that contains the use of technology similar to your invention. IDS describes all the claimed prior art and technology in a patent invention.
- Providing detailed IDS shows the good faith and candor of the applicant. Try to include all the information that may affect the patentability of your invention. It is on the applicant to come up with IDS. This is so because he/she is more knowledgeable of the prior art in the field of invention.
- If you fail to comply with the rules of filing IDS, the patent grant over your invention becomes unenforceable. This will happen because; it gives an impression that the inventor didn’t disclose the prior art of which he/she was aware.
In short, Information Disclosure Statement, as the name suggests is about writing in detail about the prior art which the applicant has information about. He/she doesn’t need to perform prior-art search especially in order to file IDS.
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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) it is the duty of the patent applicants to submit relevant art and background that the applicant is aware of.
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; and
- Already described in patented invention under USPTO.
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Contents of Information Disclosure Statement:
The following things are must disclose in IDS in specified format:
- Documents for consideration by the patent office- All Patents, Publications, applications or other information.
- A legible copy of:
(i)Each foreign patent;
(ii)Each publication or that portion of the publication, other than U.S. patents and U.S. patent application publications unless required by the Office; Significance of Information Disclosure Statement
(iii)For each cited pending unpublished U.S. application.
(iv)All other information or that portion that helped in the listing of the invention.
- (i) A concise explanation of the relevance, as understood by the individual 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 concise explanation is either separate from the applicant’s specification or incorporated therein.
(ii) A copy of the written English-language of a non-English-language document, or portion thereof which is readily available to any individual. Significance of Information Disclosure Statement
For further details refer USPTO 37 CFR 1.98.
How we serve the purpose?
With SmartIDS services, we prepare ready-to-file IDS forms in USPTO prescribed format. We compile the data with obligation, maintain and update it by timely and accurately reporting prior art references. Our team ensures 100% quality assurance with our IDS creation that has been remarkably appreciated by our corporate clients from more than 45 countries. Our services allow our clients to meet their IDS filing needs across many countries. To know more about our services, do visit SmartIDS Solution.