An information disclosure statement (IDS) is a document submitted by a patent applicant to the United States Patent and Trademark Office (USPTO) during the patent prosecution process that contains prior art information. All patent applicants have a responsibility to disclose all prior art or background information that may be connected to the patentability of the invention.
Importance of IDS in IP
In a patent invention, the IDS describes all of the claimed prior art.
The applicant’s good faith and sincerity are proven by providing complete IDS. Include as much information as possible that could affect invention’s patentability. It is the applicant’s responsibility to provide IDS.
If someone do not follow the rules for filing IDS, the patent grant for the invention will be canceled. This will occur because it appears that the inventor did not reveal prior art that he or she was aware of.
Need for filing Information Disclosure Statement
It is the responsibility of patent applicants to disclose relevant art and informations that they are aware of, according to Title 35 of the United States Code and related sections of 37 CFR.
If your invention’s prior art matches any of the following requirements, you must file an IDS
- If prior art is used, sold in the United States.
- Got patent grant in another country.
- During the pendency of an application.
What should be included in an Information Disclosure Statement?
- References that have been found in any search related to the technology, involving any prior-art search, novelty search, state-of-the-art search, infringement search, patentability search etc.
- Any references to the patent application that have been cited in other applications. Parent and related applications, continuation applications, and divisional applications are all example of this.
- Include all documents and information relevant to the patent that the inventor is aware of. This comprises research papers, posters, and product brochures, among other things.
In addition, preparing an information disclosure statement helps in the preparation of a better patent application. While drafting any claims in the application, the practitioner must take account all prior art when preparing the information disclosure statement. As a result, it’s easy to explain why the references are important.
Wissen Research help clients in doing information disclosure statement preparation in reasonable prices, so save your time and contact us without any hesitation.