What is IDS, and its requirements when applying for a U.S. patent?

An Information Disclosure Statement (IDS) is a formal submission to the U.S. Patent and Trademark Office (USPTO) that lists prior art or other information known to the applicant that may be relevant to patentability. Filing an IDS fulfills the applicant’s duty of candor and good faith to the USPTO under 37 C.F.R. § 1.56. In short: if you know about prior art that could matter, you must disclose it.

Why an IDS Is Required

1) Ensures the patent examiner has all relevant information
2) Protects the enforceability of the patent
3) Prevents allegations of inequitable conduct
4) Applies throughout prosecution, not only at filing
Failure to properly disclose material information can render an issued patent unenforceable.

Who Has the Duty to File an IDS:

1) Inventors
2) Patent attorneys or agents
3) Anyone substantively involved in preparing or prosecuting the application

What Must Be Disclosed in an IDS:

Any information material to patentability, including:
Patent-Related References
1) U.S. patents
2) U.S. published patent applications
3) Foreign patents and published applications
4) Prior art cited in related U.S., foreign, or PCT applications
Non-Patent Literature (NPL)
1) Technical papers and journal articles
2) Standards and manuals
3) Websites, product documentation
4) Public disclosures or publications

Requirement of Copies of References

1) U.S. patents and U.S. published applications:
❌ No copies required

2) Foreign patent documents:
✔ Copies required unless available in USPTO electronic databases

3) Non-patent literature:
✔ Copies always required

4) English translations:
Required only if the reference is relied upon for materiality
A concise explanation may suffice instead of full translation

IDS Filed Without Govt Fee

No fee and no statement required if filed:
1) With the patent application, or
2) Within 3 months of the U.S. filing date, or
3) Before the first Office Action on the merits

For PCT Applications Entering U.S. National Phase, references cited in the ISR / Written Opinion should be submitted via IDS. For cited documents in Non-English language, we can help you draft a concise explanation instead of full translation. If you need an evaluation for the cost for preparing your patent application and IDS, feel free to reply this email to contact us.