Methodology
The IDS Management typically includes information about prior art, which includes any relevant patents, published patent applications, and other documents or information that could affect the patentability of the claimed invention. This information is important for the patent examiner to assess whether the invention meets the criteria for patentability, including novelty and non-obviousness.
The methodology for preparing and submitting an Information Disclosure Statement (IDS) to the United States Patent and Trademark Office (USPTO) involves several key steps. Below is a general methodology to follow when preparing and submitting an IDS :
Scope
Scope includes cross-citation/cross- referencing of related applications & relevant applications found through Internal Search/Prior Art Search
Prior Art Documents
The most common content of an IDS is prior art documents. This includes :
Patents : Information on previously issued patents that may be relevant to the claimed invention.
Patent Applications : Published patent applications that could be pertinent to the invention.
Non-Patent Literature : Scientific papers, technical articles, books, and other non-patent literature that may relate to the invention.
Relevance to Claims : An IDS should provide a brief description of how each listed document is relevant to the claims of the patent application. This description should explain the connection between the document and the invention's features.
Non-Patent Prior Art : The scope of the IDS is not limited to patents and patent applications. It can also include any non-patent prior art, such as articles, academic papers, product manuals, and other written materials that are pertinent to the invention.
US/Foreign Prior Art : If you are aware of relevant prior art from sources outside the United States, it should be included in the IDS. The USPTO considers both US & foreign references when assessing patent applications.
- Related Matters : In some cases, the scope of the IDS may extend to related matters, such as :
- Prior Art Cited in Other Related Applications : If you have filed related patent applications, information about prior art cited in those applications should be included.
Timing : The scope of the IDS includes prior art and information that becomes known to the applicant or their representative during the pendency of the patent application. This duty to disclose is ongoing, and applicants are required to submit updated IDS forms as new relevant information becomes available.