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3

The examiners that I know would see through this and be at least slightly annoyed. This would not help you. I look at the IDS as a list of references that I am aware of and that I have had time to make an argument against. I would place it first on the list and let it stand there to suggest that I am aware of it and I'm ready to defend against it.


3

If you file the non-provisional within the 1 year time after the provisional, then anything well described in the provisonal gets the date of the provisional. If the "infringing" product is based entirely on the content of the provisional it does not strictly need to go on the IDS since it would not technically be prior art. However, it might be a good idea ...


2

Since it is before the first actions on the merit there are no fees due of any certificate needed. You already may know that it is best practice to error on the side of disclosure.


2

No fee is required An action on the merits means an action related to patentablity. It excludes formalities like errors in payments or requests to have drawings improved. From a very quick search of the MPEP (Manual of Patent Examining Procedure), found under 609 Information Disclosure Statement [R-10.2019] Likewise, an information disclosure statement will ...


1

I have been told by someone at the USPTO that it really doesn't matter whether the revised IDS form's date is revised to the date of resubmission or just kept with its original date. Not sure this was a reliable answer but that's the response I received.


1

No The way some of or all claims can be invalidated outside of a patent infringement case in a real (Article 3) court is via an IPR before the USPTO. The grounds in an IPR are limited to the issues of novelty and obviousness as shown by written published documents. Even in litigation the standards for inequitable conduct were raised considerably a few ...


1

You can list a Wikipedia entry in an IDS. While there is not a requirement to do any searching for references, we are required to list the relevant things we find. The issue with citing Wikipedia is that the date on the reference will be around the date of the filing. References are used against an application based on the publication date of the reference. ...


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