How do USPTO patent examiners get prior art? When examining patent applications, USPTO examiners get relevant prior art through two primary means: the patent examiner searches the prior art; and relevant prior art is submitted for the examiner’s consideration. The active approach of the examiner searching prior art is straightforward and no different than what […]
USPTO Fees for Filing IDS Depend upon Timing Whether any USPTO fees are required for submitting an Information Disclosure Statement (IDS) depends upon the timing of the submission relative to two key dates: the status of the US application; and when the applicant first found out about the new prior art references. Here are key […]
What is an Information Disclosure Statement (IDS)? A patent applicant has a duty to disclose to the USPTO all known prior art or other information may be material to the patentability of the applied for invention. To satisfy this duty of candor, the prior art information is submitted to the USPTO in the form of […]
Duty to Disclose Known Information Material to Patentability U.S. patent law places an obligation on applicants to notify the USPTO of known information that is material to the patentability of a pending patent application. In other words, if the applicant knows of prior art that relates to the patentability of its application, then the applicant […]
What prior art documents should be included in an Information Disclosure Statement (IDS) to be filed with the USPTO?
Every patent applicant has a duty under U.S. patent law to disclose to the US Patent and Trademark Office any known prior art documents that are material to the invention claimed in the patent application. Since the duty applies only to known prior art references, the applicant does not have an obligation to search for prior art. However, […]