Information Disclosure Statement (IDS)

A list of all patents, publications, U.S. applications, or other information submitted for consideration by the Office in a non-provisional patent application filed under 35 U.S.C. S 111(a) to comply with applicant's duty to submit to the Office information which is material to patentability of the invention claimed in the non-provisional application.

For patent applications filed under 35 U.S.C. S 111(a), applicants and other individuals who are substantively involved in preparing or prosecuting a patent application must submit to the Office information which is material to patentability (could render a claim unpatentable) as defined in 37 CFR S 1.56. The provisions of 37 CFR S 1.97 and 37 CFR S 1.98 provide a mechanism for compliance with the duty of disclosure provided in 37 CFR S 1.56.

The IDS must include a list of all patents, publications, U.S. applications, or other information submitted for consideration by the Office. The USPTO provides forms for use in the submission of an IDS, the PTO/SB/08a and PTO/SB/08b.

Source: U.S. Patent and Trademark Office.