87:(NPL). US patent literature consists of issued U.S. patents and U.S. patent application publications. Copies of listed U.S. patent literature do not need to be submitted along with the IDS as USPTO examiners have access to all U.S. patent literature. Foreign patent literature consists of patents issued in foreign countries, foreign application publications if they exist, and
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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.
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international application publications. Non-patent literature consists of any publication that is not a U.S. 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
52:(MPEP). If a patent applicant, with deceptive intent for art known to the applicant, fails to submit material prior art to the USPTO, then any patent that later issues from the patent application may be declared unenforceable because of
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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.
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process. There is a duty on all patent applicants to disclose relevant art or background information that the applicant is aware of and that may be relevant to the
67:. "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."
115:. As of October 2006, relevant art may be submitted on paper using a USPTO-issued form, or electronically using the USPTO's electronic filing system.
111:, 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
25:
129:
152:, citing Riverwood Int'l Corp. v. R.A. Jones & Co., 324 F.3d 1346, 1354-55, 66 USPQ2d 1331, 1337-38 (Fed Cir. 2003) and 37 CFR 1.97(h).
180:
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56:. Furthermore, the duty to submit such relevant information to the USPTO lies not only on the applicant or inventor, but also on any
201:
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Art listed on an IDS is typically broken up into three categories: U.S. patent literature, foreign patent literature, and
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196:
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161:
112:
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The information submitted in an IDS typically includes other issued patents, published patent applications,
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149:
53:
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41:
33:
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124:
176:
108:
96:
190:
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24:) refers to a submission of relevant background art or information to the
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Art listed on an IDS, on its own, is not automatically considered
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The submission requirements of an IDS are defined in
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of the applicant's invention, as established by the
95:The content requirements of an IDS are defined in
60:or other legal staff employed by the applicant.
8:
26:United States Patent and Trademark Office
130:Patent Application Information Retrieval
142:
7:
181:Manual of Patent Examining Procedure
50:Manual of Patent Examining Procedure
44:title 35 and related sections of 37
99:, which can be found in the MPEP.
14:
177:Information Disclosure Statement
18:information disclosure statement
28:(USPTO) by an applicant for a
1:
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202:United States patent law
113:provisional application
103:Submission requirements
20:(often abbreviated as
85:non-patent literature
183:(MPEP), Section 609
54:inequitable conduct
77:scientific journal
42:United States Code
34:patent prosecution
209:
197:Statements (law)
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159:
153:
147:
217:
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173:
171:Further reading
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58:patent attorney
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125:Duty of candor
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38:patentability
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162:37 CFR §1.51
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150:MPEP 2129 IV
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21:
17:
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109:37 CFR 1.97
97:37 CFR 1.98
32:during the
191:Categories
137:References
65:prior art
119:See also
71:Contents
48:and the
179:in the
132:(PAIR)
30:patent
89:PCT
46:CFR
22:IDS
16:An
193::
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