I would assume no based on the following from 37 CFR 1.56(a):
The duty to disclose information exists with respect to each pending claim until the claim is cancelled or withdrawn from consideration, or the application becomes abandoned.
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Could you be more explicit?– Eric SCommented May 4, 2018 at 11:50
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"Do you need to file an IDS on provisional apps?"– user132162Commented May 4, 2018 at 14:32
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Ok that is clearer. Could you edit the question with that? Comments are not necessarily permanent.– Eric SCommented May 4, 2018 at 17:07
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1 Answer
It's more than not necessary. It's not possible.
37 CFR § 1.51(d) provides:
Applicants are encouraged to file an information disclosure statement in nonprovisional applications. See § 1.97 and § 1.98. No information disclosure statement may be filed in a provisional application.
MPEP § 609 discusses this a little more:
Information Disclosure Statements (IDSs) are not permitted in provisional applications filed under 35 U.S.C. 111(b). See 37 CFR 1.51(d). Since no substantive examination is given in provisional applications, a disclosure of information is unnecessary. Any such statement filed in a provisional application will be returned or destroyed at the option of the Office.
