Knowledge (XXG)

Information disclosure statement

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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 92:
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 79:
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.
36:
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: 49: 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: 83:
Art listed on an IDS is typically broken up into three categories: U.S. patent literature, foreign patent literature, and
45: 196: 88: 161: 112: 75:
The information submitted in an IDS typically includes other issued patents, published patent applications,
84: 149: 53: 76: 41: 33: 57: 124: 176: 108: 96: 190: 37: 64: 24:) refers to a submission of relevant background art or information to the 29: 63:
Art listed on an IDS, on its own, is not automatically considered
107:
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: 218: 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) 164: 159: 153: 147: 217: 216: 212: 211: 210: 208: 207: 206: 187: 186: 173: 171:Further reading 168: 167: 160: 156: 148: 144: 139: 121: 105: 73: 58:patent attorney 12: 11: 5: 215: 213: 205: 204: 199: 189: 188: 185: 184: 172: 169: 166: 165: 154: 141: 140: 138: 135: 134: 133: 127: 125:Duty of candor 120: 117: 104: 101: 72: 69: 13: 10: 9: 6: 4: 3: 2: 214: 203: 200: 198: 195: 194: 192: 182: 178: 175: 174: 170: 163: 158: 155: 151: 146: 143: 136: 131: 128: 126: 123: 122: 118: 116: 114: 110: 102: 100: 98: 93: 90: 86: 81: 78: 70: 68: 66: 61: 59: 55: 51: 47: 43: 39: 38:patentability 35: 31: 27: 23: 19: 162:37 CFR §1.51 157: 150:MPEP 2129 IV 145: 106: 94: 82: 74: 62: 21: 17: 15: 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::

Index

United States Patent and Trademark Office
patent
patent prosecution
patentability
United States Code
CFR
Manual of Patent Examining Procedure
inequitable conduct
patent attorney
prior art
scientific journal
non-patent literature
PCT
37 CFR 1.98
37 CFR 1.97
provisional application
Duty of candor
Patent Application Information Retrieval
MPEP 2129 IV
37 CFR §1.51
Information Disclosure Statement
Manual of Patent Examining Procedure
Categories
Statements (law)
United States patent law

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