Legal Definitions - IDS

An Information-Disclosure Statement (IDS) is a formal document submitted to the U.S. Patent and Trademark Office (USPTO) during the patent application process. Its purpose is to inform the patent examiner of all known relevant "prior art" – which includes existing patents, published articles, products, or any other information that might be pertinent to the patentability of the invention being claimed. By submitting an IDS, applicants fulfill their duty to disclose material information, helping to ensure the examiner has a complete picture when evaluating the novelty and non-obviousness of the invention. This transparency helps to strengthen the validity of any patent eventually granted.

Here are some examples of how an Information-Disclosure Statement might be used:

• Example 1: A software company applies for a patent on a new algorithm. During their research, their patent attorney discovers an obscure academic paper from a university conference held five years ago that describes a similar mathematical approach, though applied to a different industry. Even though the paper isn't a direct match, the attorney includes it in an IDS filed with the USPTO to ensure the patent examiner is aware of all potentially relevant prior art.

  Explanation: This illustrates the duty to disclose any information, even if not a patent or a direct competitor's product, that could be considered relevant prior art to the invention's patentability. The IDS ensures the examiner has this information for their review.

• Example 2: A medical device manufacturer files a patent application in the United States for a novel surgical tool. They had previously filed a corresponding patent application in Japan. During the examination of the Japanese application, the Japanese patent office cited several specific prior art documents (e.g., Japanese patents, scientific journal articles). When prosecuting the U.S. application, the manufacturer's U.S. patent attorney includes all the prior art cited by the Japanese examiner in an IDS submitted to the USPTO.

  Explanation: This demonstrates that information discovered or cited by foreign patent offices during the examination of related applications must also be disclosed to the USPTO via an IDS, fulfilling the applicant's duty of candor.

• Example 3: An individual inventor develops a unique water filtration system. Before deciding to pursue a patent, they had published a detailed blog post on their personal website describing an earlier, less efficient prototype of the system. Although it's their own publication and not a formal patent, the inventor's patent attorney advises them to include this blog post in an IDS when submitting their patent application to the USPTO.

  Explanation: This example shows that even an inventor's own prior publications, if they describe aspects of the invention that could be considered prior art, must be disclosed in an IDS to ensure the patent examiner has a complete record of the invention's development and related public disclosures.