Information disclosure statement

There is a duty on all patent applicants to disclose relevant art or background information that the applicant is aware of and that may be relevant to the patentability of the applicant's invention, as established by the United States Code title 35 and related sections of 37 CFR and the Manual of Patent Examining Procedure (MPEP).

"[1] The information submitted in an IDS typically includes other issued patents, published patent applications, scientific journal articles, books, magazine articles, or any other published material that is relevant to the invention disclosed in the applicant's own patent application, irrespective of the country or language in which the published material was made.

Copies of listed non-patent literature (NPL) and foreign patent publications need to be submitted along with the IDS or they will not be considered by USPTO examiners.

The content requirements of an IDS are defined in 37 CFR 1.98, which can be found in the MPEP.

The submission requirements of an IDS are defined in 37 CFR 1.97, also found in the MPEP, and include when and how the applicant is allowed to submit information disclosure statements.