All relevant technology or prior art claimed in a patent application is described in an information disclosure statement (IDS). The burden of disclosure is placed on the innovator or applicant. If this statement is missing from an application, or if key prior art isn’t included, the patent may be deemed invalid or fraudulent.
It is the responsibility of patent applicants to complete an IDS, which includes the following information:
- Invention related Publications
- Patent applications
The United States Patent and Trademark Office (USPTO) requires applicants to disclose all prior art in an IDS because inventors are more likely than patent examiners to be aware of existing patents or comparable technology.
Related Article: When & How to File IDS?
The Importance of Information Disclosure Statements:
When applying for a patent, an applicant’s duty to act in good faith and with complete candor is part of the IDS. Applicants should submit any information that could affect the patentability of an invention. Patent attorneys or agents who assist with the application must also disclose prior art.
You will never gain from failing to file an IDS. It’s possible that once your patent is issued, it won’t be enforceable. Furthermore, the USPTO may suspect you of attempting to deceive the agency.
Related Article: What are the Prior Art Documents required while filing an IDS?
Why you must File an Information Disclosure Statement:
If the prior art fulfills any of the following requirements, you must file an IDS:
- Patent in another Nation
- Disclosed in an issued patent
- Features in a magazine
- Described in a patent application
IDS filing Mistakes:
Unclear about Disclosure
Include anything that casts doubt on the invention’s uniqueness or obviousness. Include prior art in the IDS if you have previously applied for comparable or related patents. Always be honest and offer more information than you believe is required.
Patents issued by the USPTO as well as those issued by international patent offices should be referenced in the IDS.
Keeping an Update
Throughout the patent application procedure, applicants must remain open. Issue a supplemental IDS with this information if you uncover prior art through a foreign patent application or an International Patent Search. Any prior foreign art should always be translated into English.
The USPTO’s processes and fees are updated on a regular basis. The office has requested that the Quick Path Information Disclosure Statement (QPIDS) process and the requirement to file a Request for Continued Examination be eliminated (RCE). Check the USPTO website to see if you must certify your IDS and pay a fee, or if you can submit it at any time throughout the prosecution. Though keeping up with revisions can be difficult, legal experts believe that any measures to streamline IDS paperwork will be beneficial. This will most likely shorten the patent application process and reduce delays.
Related Article: Effect of Late IDS Filing – Reduces Patent Term Adjustment
Steps to File an Information Disclosure Statement
Address the number of your initial application and the date it was filed. Also, the name of the first-named inventor, the attorney docket number, and the location of the art unit. If the name of the patent examiner is known, include it.
Mention the patent number you’re citing, along with the kind code from the WIPO standard code list. Also, the date of issue, relevant page numbers from the cited patent, and patentee name.
Moreover,mention the citation’s publication number as well as the type code. Also, address the date of publication, the patentee’s name, and any related pages.
In addition to this, mention the foreign document number you’re citing, along with WIPO country and kind codes. Include the publication date, name of patentee, and relevant pages.
Mention the author’s name, titles, and information related to the publisher. Have a look at the “T” for translation.
Attest that the details were quoted in a non-native publication no more than 3 months ago, or that you were unaware of the information cited more than 3 months ago.
Add your signature along with the name and after mentioning the date on the IDS, forward the form.
Why Choose SmartIDS Solutions?
It is critical that you submit the Information Disclosure Statement on time. At SmartIDS Solutions, we’re here to assist you. Our first focus is the timely delivery of information disclosure statements and the timely grant of a patent for your idea. Also, we offer IDS forms that are ready to file in the format required by the USPTO. Our team stays current with current requirements and always follows the USPTO’s rules.
To make an inquiry, visit the Smart IDS Solutions Services.