The final pre-filing consideration that we will address relates to the timing of the filing of an information disclosure statement (IDS).
The final pre-filing consideration that we will address in this blog relates to the timing of the filing of an information disclosure statement (IDS). The IDS usually includes a list of prior references that were reviewed by the applicant and/or their attorneys before the issuance of the patent.
The IDS should be filed within three months of the filing date. If you miss the three-month date, however, you may file the IDS before the final office action with the appropriate fee.
The IDS may also be filed before the issue fee with the appropriate fee and an explanation. This often occurs when a patentee learns of a relevant foreign reference during foreign prosecution.
Pre-Filing Issues: Information Disclosure Statements
Thomas Joseph is a patent attorney in Pittsburgh, Pa. He maintains a solo practice in all areas of intellectual-property law. He has been practicing since 2001. Before starting his solo practice, Joseph was the General Counsel of Grant Street Group, a financial software firm. At Grant Street Group, he managed the company’s patent litigation against its primary competitors in the online-auction markets for tax certificates, foreclosures, tax deeds and municipal bonds. Joseph received a Bachelor of Science in Metallurgical Engineering and Materials Science from Carnegie Mellon University, a Master of Science in Materials Science and Engineering from the University of Florida and a Juris Doctorate from George Washington University.
You can contact him at www.joseph-iplaw.com.
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