Before analyzing the significance of Information Disclosure Statement, let’s first understand the 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 your prior art. When an applicant files a patent application according to the USPTO guidelines, the applicant is asked to submit all the relevant background art, information, and publications related to the invention to the USPTO during the patent prosecution process.
In case, the applicant fails to submit all the information or misses any part of the relevant prior art, the patent may get into trouble regarding its issue or may be considered as an invalid application. Not only it’s the responsibility of applicant, but at the same time patent attorneys or agents providing help, must focus on disclosing the complete information. Even if the patent gets granted, it might force to get abandoned in case any information is found out to be missing from the IDS.
If the prior art referred is used, sold in U.S., patented from other segment of the world, or got referenced in some other publication, patent, it is the responsibility of the whole team behind patent to create the associated IDS. But, until and unless the applicant understands the meaning and importance of prior art, he/she will not be able to understand the importance of the IDS. It is therefore suggested that the applicants must move forward in their journey of getting their patent, by consulting or taking help from professionals, who hold proper experience and knowledge about the technical and legal affairs. Hence, it is necessary to understand the significance of Information Disclosure Statement.
The following things are must to disclose in IDS in specified format:
- Everything proving novelty and non-obviousness of the relevant invention.
- Everything included as a reference paper, even if published in international journals.
- Everything that has been updated in previously unknown prior art or in terms of requirements, processes or fees must be included in their updated version.
How we serve the purpose?
With SmartIDS services, we can prepare ready-to-file IDS forms in USPTO prescribed format in a cost effective manner. We complies the data with the obligation, maintain and update it by timely and accurately reporting prior art references. We ensure 100% quality assurance with our IDS creation that has been remarkably appreciated by our corporate clients from more than 45 countries. Our service is designed to allow our clients to meet their IDS filing needs with the least amount of effort and cost while still providing flexibility for individualized decision making.
To know more about our services, please visit our service page, or have a look at our previous insight on Top 10 critical aspects of the Invention Disclosure form.