“Managing prior art citations in patent families & creating an IDS Form. Quality IDS reports delivered within 1-2 business days.
An Inventor and an attorney responsible for preparing the patent application are required to disclose all information pertinent to the invention. This is done by way of submission of an Information Disclosure Statement (IDS) which can be submitted at different stages of prosecution. The disclosed information can include US and non-US patent and publications, references to journals, magazine articles, web links and so on. Use of form PTO/SB/08A and 08B, “Information Disclosure Statement,” is encouraged as a means to provide the required list of information.
IDS can be submitted at different stages of prosecution. It is recommended to file an IDS (and supplemental IDSs) as early as possible to ensure that it will be considered by the Examiner and to avoid incurring additional costs.
The duty to disclosure extends until a patent is granted.
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In U.S., an applicant has a duty to file IDS enclosing all information material to the Patentability of the invention to the USPTO. Failure to comply with this requirement may lead to patent invalidation. Similarly, in Europe and China, only the copy of prior art search/patent examination reports shall be provided to the concerned patent office upon request. Failure to comply with this requirement may result in withdrawal of application. However, in India, as per Section 8(1) of the Patent Act, 1970 mandates an applicant to voluntary furnish Form 3 mentioned under Second Schedule of the Patent Rules, 2003.
We can assist in not just preparing IDS(es), but equally on gathering prior art search/patent examination reports needed in countries like India, China and Europe.
An applicant may file IDS within 3 months of the U.S. filing date, or before the mailing of a first office on the merits or after the filing of a Request for Continued Examination (RCE). If an IDS is filed during this stage of prosecution, there is no need to file a 37 C.F.R. §1.97(e) statement or a government fee therewith.
If the First Stage has expired, an applicant may file an IDS before the mailing of a final Office action, a Notice of Allowance, or an Ex parte Quayle action. However, if an IDS is filed in this stage of prosecution, the IDS must be accompanied by either a 37 C.F.R. §1.97(e) statement and government fee set forth in 37 C.F.R. § 1.17(p).
If the Second Stage has expired, an applicant may file IDS before or with payment of the issue fee. However, if an IDS is filed in this stage of prosecution, the IDS must be accompanied by both a 37 C.F.R. § 1.97(e) statement and the government fee set forth in 37 C.F.R. § 1.17(p). If a 37 C.F.R. § 1.97(e) statement cannot be made, then an applicant must file an RCE to have the IDS considered by the Examiner.
It is our business practice to include and validate all references in previous IDS filings before SB-08 forms preparation. Additionally, we can prepare and deliver QPIDS and IDS after Issue Notification on urgent basis on client request.
Our IDS report includes complete patent family information and their citations.
Identify the prior art cited within IDS triggering documents like office actions, NPLs etc.
Populating the SB-08a form with newly cited references and getting it ready for the attorney signatures.
Downloading and compiling PDF copies of required references to make submission easier. Assisting clients with filing of IDS forms with the USPTO.
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barcodeIP is an intellectual property paralegal and secretarial support services firm. Our approach is based on understanding a Client’s need, following a defined process, achieving the desired results and working towards continual growth of our clients.
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