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When to File Information Disclosure Statement (IDS)?

Writer's picture: JOON SONGJOON SONG

The best time is to file when you file your application.


"Statement" = 37 C.F.R. §1.97(e) statement


35 C.F.R. § 1.97(e) states


“A statement under this section must state either:


(1) That each item of information contained in the information disclosure statement was first cited in any communication from a foreign patent office in a counterpart foreign application not more than three months prior to the filing of the information disclosure statement; or


(2) That no item of information contained in the information disclosure statement was cited in a communication from a foreign patent office in a counterpart foreign application, and, to the knowledge of the person signing the certification after making a reasonable inquiry, no item of information contained in the information disclosure statement was known to any individual designated in § 1.56(c) more than three months prior to the filing of the information disclosure statement.”


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