Information disclosure statement
Encyclopedia
An information disclosure statement (often abbreviated as IDS) refers to a submission of relevant background art or information to the United States Patent and Trademark Office
(USPTO) by an applicant for a patent
during the patent prosecution
process. There is a duty on all patent applicants to disclose prior art
or background information that may be relevant to the patentability of the applicant's invention, as established by the United States Code
title 35 and related sections of 37 CFR
and the Manual of Patent Examining Procedure
(MPEP). If a patent applicant knowingly or intentionally fails to submit prior art to the USPTO, then any patent that later issues from the patent application may be declared unenforceable. Furthermore, the duty to submit such relevant information to the USPTO lies not only on the applicant or inventor, but also on any patent attorney
or other legal staff employed by the applicant.
Art listed on an IDS, on its own, is not automatically considered prior art
. "Mere listing of a reference in an information disclosure statement is not taken as an admission that the reference is prior art against the claims."
Prior art on an IDS is typically broken up into three categories: US patent literature, foreign patent literature, and non-patent literature (NPL). US patent literature consists of issued US patents and US patent application publications. Copies of listed US patent literature do not need to be submitted along with the IDS as USPTO examiners have access to all US patent literature. Foreign patent literature consists of patents issued in foreign countries, foreign application publications if they exist, and PCT
international application publications. Non-patent literature consists of any publication that is not a US or foreign patent publication, such as magazine articles or research journals. Copies of listed non-patent literature (NPL) and foreign patent publications need to be submitted along with the IDS or they will not be considered by USPTO examiners. If the copies of NPL or foreign patent publications are not in the English language, the applicant must also submit an English translation or a summary of relevancy in the English language in order for the piece of art to be considered by the examiner.
The content requirements of an IDS are defined in 37 CFR 1.98, which can be found in the MPEP.
. As of October 2006, prior art or other background information may be submitted on paper using a USPTO-issued form, or electronically using the USPTO's electronic filing system.
United States Patent and Trademark Office
The United States Patent and Trademark Office is an agency in the United States Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.The USPTO is based in Alexandria, Virginia,...
(USPTO) by an applicant for a patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
during the patent prosecution
Patent prosecution
Patent prosecution describes the interaction between applicants and their representatives, and a patent office with regard to a patent, or an application for a patent...
process. There is a duty on all patent applicants to disclose prior art
Prior art
Prior art , in most systems of patent law, constitutes all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality...
or background information that may be relevant to the patentability of the applicant's invention, as established by the United States Code
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
title 35 and related sections of 37 CFR
Code of Federal Regulations
The Code of Federal Regulations is the codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the Federal Government of the United States.The CFR is published by the Office of the Federal Register, an agency...
and the Manual of Patent Examining Procedure
Manual of Patent Examining Procedure
The Manual of Patent Examining Procedure is published by the United States Patent and Trademark Office for use by patent attorneys and agents and patent examiners. It describes all of the laws and regulations that must be followed in the examination of U.S. patent applications, and articulates...
(MPEP). If a patent applicant knowingly or intentionally fails to submit prior art to the USPTO, then any patent that later issues from the patent application may be declared unenforceable. Furthermore, the duty to submit such relevant information to the USPTO lies not only on the applicant or inventor, but also on any patent attorney
Patent attorney
A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition...
or other legal staff employed by the applicant.
Art listed on an IDS, on its own, is not automatically considered prior art
Prior art
Prior art , in most systems of patent law, constitutes all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality...
. "Mere listing of a reference in an information disclosure statement is not taken as an admission that the reference is prior art against the claims."
Contents
The prior art or background information submitted in an IDS typically includes other issued patents, published patent applications, scientific journal articles, books, magazine articles, or any other published material that is relevant to the invention disclosed in the applicant's own patent application, irrespective of the country or language in which the published material was made.Prior art on an IDS is typically broken up into three categories: US patent literature, foreign patent literature, and non-patent literature (NPL). US patent literature consists of issued US patents and US patent application publications. Copies of listed US patent literature do not need to be submitted along with the IDS as USPTO examiners have access to all US patent literature. Foreign patent literature consists of patents issued in foreign countries, foreign application publications if they exist, and PCT
Patent Cooperation Treaty
The Patent Cooperation Treaty is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states...
international application publications. Non-patent literature consists of any publication that is not a US or foreign patent publication, such as magazine articles or research journals. Copies of listed non-patent literature (NPL) and foreign patent publications need to be submitted along with the IDS or they will not be considered by USPTO examiners. If the copies of NPL or foreign patent publications are not in the English language, the applicant must also submit an English translation or a summary of relevancy in the English language in order for the piece of art to be considered by the examiner.
The content requirements of an IDS are defined in 37 CFR 1.98, which can be found in the MPEP.
Submission requirements
The submission requirements of an IDS are defined in 37 CFR 1.97, also found in the MPEP, and include when and how the applicant is allowed to submit information disclosure statements. An IDS is not permitted in a provisional applicationProvisional application
Under United States patent law, a provisional application for patent is a legal document filed in the United States Patent and Trademark Office , that establishes an early filing date, but which does not mature into an issued patent unless the applicant files a regular patent application within one...
. As of October 2006, prior art or other background information may be submitted on paper using a USPTO-issued form, or electronically using the USPTO's electronic filing system.