Information Disclosure Statement (IDS)

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