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 […]
Articles Tagged: information disclosure statement
IDS Fees and Deadlines: When to file and how much?
USPTO IDS Fees Depend upon Timing Applicants have an obligation to tell the USPTO about known prior art that is relevant to their patent applications. This duty of disclosure is met by submitting an Information Disclosure Statement (IDS) which might carry a USPTO in certain circumstances. Whether any USPTO fees are required for filing an […]
What is an Information Disclosure Statement or IDS?
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 that may be material to the patentability of the invention in a pending application. To satisfy this duty of candor, the prior art information must be submitted to the USPTO […]
Should foreign Office Actions or foreign prior art references be cited in an IDS?
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)?
Why is an IDS required? The USPTO places an obligation on each patent applicant to disclose any known prior art references that are relevant to their patent application. A patent filer satisfies this duty to disclose prior art by filing an Information Disclosure Statement, or IDS. Every patent applicant has a duty under U.S. patent […]