Information Disclosure Statement Form update
A revised Patent Center version of the “Information Disclosure Statement by Applicant” form SB/08a is now available on our Forms for patent applications webpage. Applicants may use an information disclosure statement (IDS) to disclose information they want the USPTO to consider during the prosecution of a non-provisional application. The IDS may be filed using the Patent Center version of form SB/08a.
An IDS must be filed in accordance with the provisions of 37 CFR 1.97 and 37 CFR 1.98. A checkbox has been added to the form to assist applicants in using the copy exception of 37 CFR 1.98(d), as well as to make it easier for examiners when applicants are relying on the copy exception.
Pursuant to 37 CFR 1.98(d), a copy of information listed in an IDS is not required to be provided if the information was previously submitted to, or cited by, the USPTO in a prior application relied on for an earlier filing date under 35 U.S.C. 120. Under 37 CFR 1.98(d), the prior application must be identified in the IDS. Also, the IDS in the prior application containing the information that was previously submitted to the USPTO must comply with 37 CFR 1.98(a)-(c). See Manual of Patent Examining Procedure § 609.04(a), subsection II. When selecting the new checkbox, attach a paper to identify the prior application in which the previously submitted or cited information can be found. The checkbox and accompanying paper will help examiners determine whether a particular reference was previously cited and where to find a copy of that reference.
Our instructions sheet will help you open and complete the form.
For assistance with filing forms electronically, please contact the Patent Electronic Business Center Monday – Friday, between 6 a.m. and midnight ET by phone, 1-866-217-9197, or email, ebc@uspto.gov.
For more information on this form, please contact PatentPractice@uspto.gov.
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