Information Disclosure Statement Report – Sample (IDS Preparation)
An Information Disclosure Statement (IDS) is a crucial document submitted to the United States Patent and Trademark Office (USPTO) during the patent application process. It fulfills the applicant’s duty of disclosure by listing all known prior art relevant to the patentability of the invention.
Required Components
| Component | Description | Required Format |
|---|---|---|
| Form SB/08 | Official USPTO form for listing references | PDF or DOCX |
| U.S. Patents | List of relevant U.S. patents and applications | Patent/Publication numbers |
| Foreign Patents | List of relevant foreign patent documents | Country code, number, kind code |
| Non-Patent Literature | Scientific articles, technical documents, etc. | Complete citation details |
Preparation Guidelines
Follow these steps to prepare a comprehensive IDS:
- Gather all relevant prior art documents including:
- Results from patentability searches
- References cited in related applications
- Known relevant publications
- Complete Form SB/08 with accurate bibliographic information
- Obtain copies of all foreign patents and non-patent literature
- Ensure proper formatting of citations
- Review for completeness and accuracy
Filing Requirements
The IDS must be filed at specific times during patent prosecution:
- Within three months of application filing
- Before first Office action
- Before final Office action
- Before RCE filing
- Before patent grant
Important Note: Late submission of an IDS may require additional fees and certification statements. Always verify current USPTO requirements and fee schedules before submission.
Best Practices
To ensure proper IDS preparation and submission:
- Maintain detailed records of all known prior art
- Submit IDS as early as possible in prosecution
- Use USPTO’s electronic filing system (EFS-Web)
- Review all citations for relevance and materiality
- Keep copies of submitted documents for records
Additional Resources
For more information about IDS preparation and submission, consult:
- USPTO Manual of Patent Examining Procedure (MPEP) § 609
- 37 CFR 1.97 and 1.98
- USPTO’s EFS-Web Filing Guide
- Patent Office’s Quick Start Guides
