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1 answer
20 views

If a standard form needs some format corrections described in the OA, should the resubmitted form be re-dated or should it keep its original date?

Specifically it is an Information Disclosure Statement in which some dates for non-patent refs were missing, but no new references are being added.
2 votes
1 answer
26 views

Non-analogous art on the IDS

I am an independent inventor who's planning to file a pro se US patent application. My understanding is that the IDS is supposed to contain all references material to the prosecution of the ...
0 votes
2 answers
96 views

Which IDS form works on the PTO website?

I can't get the PTO's web system to accept my IDS. The error statement says, The version of the USPTO Fillable Form you are attempting to attach is outdated. Please go the following website to access ...
1 vote
1 answer
73 views

Does a CIP IDS require a copy of the parent US application?

I'm filing 2 CIPs on a US parent application that was published less than a year ago, with the specification cross-referencing the parent and a couple of later provisionals. Should the IDSs list any ...
1 vote
1 answer
170 views

Information Disclosure Statement for counterpart foreign application

I filed a PCT application in 2019. I also filed a US patent application WITHOUT claiming priority from the PCT application in 2019. I received "Written Opinion of the International Search ...
1 vote
1 answer
39 views

Can inequitable conduct lead to patent invalidation before litigation?

If an applicant knowingly withholds prior art information from an IDS, are there ways the patent can be invalidated after grant (other than through litigation)?
1 vote
1 answer
133 views

Does an IDS filed after a non-final election requirement require payment of a fee

An IDS can be filed without requiring a fee if done so a) within 3 months of filing the non-provisional application or b) before the first office action on the merits. I have a (first) non-final ...
1 vote
1 answer
218 views

Can I cite Wikipedia as a reference in an IDS?

Can I cite Wikipedia as a reference in an IDS? For example, "Ducks", Wikipedia, https://en.wikipedia.org/wiki/Duck, Retrieved from Internet 12/18/2019 And attach a print out.
0 votes
1 answer
29 views

Do I have to disclose the infringement in the Information Disclosure Statement form?

Let's say, I filed my Provisional in Jan 2019. I disclosed my work to the public in Mar 2019. An infringer copied my disclosed work and released a product in Jun 2019. I'll file a non-provisional ...
4 votes
1 answer
297 views

Burying prior art/achieving broad presumption of validity via IDS

Are there any consequences for disclosing "too many" references in an information disclosure statement (IDS)? For example, one may do this to bury a damning reference, overwhelm the examiner so that ...
3 votes
1 answer
103 views

Forgotten Prior Art - IDS

If I forget and/or cannot relocate a reference that would otherwise be required in an information disclosure statement (IDS) under duty of disclosure, are there potential inequitable conduct issues ...
2 votes
0 answers
514 views

PCT with US RO --- how to file the IDS?

Last month I filed a PCT application with the US as the receiving office, using EFS-web. I uploaded everything (I think) correctly and paid my microentity fees. I want to now file an information ...
2 votes
0 answers
26 views

How should existing software products be described in an IDS, if at all?

In an IDS for a software/computer-implemented method application, how should existing software products be documented, if at all, when the software products in question have a subset of functions of ...