Information Disclosure Statement (IDS)

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PatentNext Summary: The USPTO has rescinded its February 2024 inventorship guidance for AI-assisted inventions and replaced it with revised guidance issued on November 28, 2025, so prior materials relying on the earlier guidance should be treated as outdated. The revised guidance emphasizes traditional conception-based inventorship, makes clear that AI may assist but cannot be an inventor, and flags a practical priority risk where a foreign filing naming an AI system as the sole inventor can undermine U.S. priority claims. It also underscores that the guidance reflects USPTO examination policy—not binding law—so courts (or Congress) may ultimately provide the controlling rules.Continue Reading The USPTO’s Revised Guidance regarding AI-Assisted Inventions

PatentNext Summary: An Information Disclosure Statement (IDS) is the primary procedural vehicle for satisfying the duty of candor and good faith owed to the USPTO during patent prosecution. The consequences of failing to disclose material information can be severe, including a later finding of inequitable conduct and resulting unenforceability of an issued patent. This article summarizes the legal framework governing materiality, the scope of the disclosure duty, foreign and parallel-application considerations, and practical IDS best practices for attorneys seeking to reduce risk while building a strong prosecution record.Continue Reading The Pitfalls of Failure to Disclose Material Information to the USPTO and Information Disclosure Statement (IDS) Best Practices