609 Information Disclosure Statement [R-07.2015]
People reveal the popular things they HATE that everyone else loves in hilarious Twitter thread - including Tandy Bowen entered the washroom and made snide remarks about Kitty being a mutant and told her "she belongs in a cage. The record should reflect whether the evidence was considered, but listing on a form e. This left Conners with a sample of Peter's mutated blood. If the applicant does not provide classification information for a citation, or if the examiner lines through incorrect classification data, the citation will be printed on the face of the patent without the classification information.
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The truck exploded in front of Peter's face, further wounding him. Information disclosure statements will be reviewed for compliance with the requirements of 37 CFR 1. New mum Kylie Jenner displays her slender waistline during sushi date with Jordyn Woods The only thing left behind were the tattered ruins of his mask. The time at which information was known to any individual designated in 37 CFR 1.
Electronic means or medium for filing IDSs are not permitted except for: A citations to U. Each information disclosure statement must further include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1. The concise explanation may be either separate from the specification or part of the specification.
If the concise explanation is part of the specification, the IDS listing should include the page s or line s numbers where the concise explanation is located in the specification. The requirement for a concise explanation of relevance is limited to information that is not in the English language. The explanation required is limited to the relevance as understood by the individual designated in 37 CFR 1.
If a complete translation of the information into English is submitted with the non-English language information, no concise explanation is required. An English-language equivalent application may be submitted to fulfill this requirement if it is, in fact, a translation of a foreign language application being listed in an information disclosure statement.
There is no requirement for the translation to be verified. Submission of an English language abstract of a reference may fulfill the requirement for a concise explanation. Where the information listed is not in the English language, but was cited in a search report or other action by a foreign patent office in a counterpart foreign application, the requirement for a concise explanation of relevance can be satisfied by submitting an English-language version of the search report or action which indicates the degree of relevance found by the foreign office.
The requirement for a concise explanation of non-English language information would not be satisfied by a statement that a reference was cited in the prosecution of a United States application which is not relied on under 35 U.
If information cited or submitted in a prior application relied on under 35 U. The concise explanation may indicate that a particular figure or paragraph of the patent or publication is relevant to the claimed invention. It might be a simple statement pointing to similarities between the item of information and the claimed invention. It is permissible but not necessary to discuss differences between the cited information and the claims. However, see Semiconductor Energy Laboratory Co.
In Semiconductor Energy Laboratory, patentee during prosecution submitted an untranslated page Japanese reference as well as a concise explanation of its relevance and an existing one-page partial English translation, both of which were directed to less material portions of the reference.
The patentee, whose native language was Japanese, was held to have understood the materiality of the reference. Although a concise explanation of the relevance of the information is not required for English language information, applicants are encouraged to provide a concise explanation of why the English-language information is being submitted and how it is understood to be relevant.
Concise explanations especially those which point out the relevant pages and lines are helpful to the Office, particularly where documents are lengthy and complex and applicant is aware of a section that is highly relevant to patentability or where a large number of documents are submitted and applicant is aware that one or more are highly relevant to patentability. The procedures and requirements under 37 CFR 1.
These procedures and requirements apply to applications filed under 35 U. An information disclosure statement will be considered by the examiner if filed within any one of the following time periods:. An information disclosure statement filed within one of these periods requires neither a fee nor a statement under 37 CFR 1. An information disclosure statement will be considered to have been filed on the day it was received in the Office, or on an earlier date of mailing if accompanied by a properly executed certificate of mailing or facsimile transmission under 37 CFR 1.
If the last day of the three months period set forth in 37 CFR 1. An Office action is mailed on the date indicated in the Office action. It would not be proper to make final a first Office action in a continuing application or in an application after the filing of a RCE if the information submitted in the IDS during the time period set forth in 37 CFR 1.
For international applications, the three months will be measured from the date of entry of the national stage. For international design applications, the three months will be measured from the date of publication of the international registration under Hague Agreement Article 10 3. All information disclosure statements that comply with the content requirements of 37 CFR 1. Thus, in the rare instance that a final Office action, a notice of allowance, or an Ex parte Quayle action is mailed prior to a date which is three months from the filing date, any information contained in a complete information disclosure statement filed within that three-month window will be considered by the examiner.
Likewise, an information disclosure statement will be considered if it is filed later than three months after the application filing date but before the mailing date of a first Office action on the merits. An action on the merits means an action which treats the patentability of the claims in an application, as opposed to only formal or procedural requirements. An action on the merits would, for example, contain a rejection or indication of allowability of a claim or claims rather than just a restriction requirement 37 CFR 1.
Thus, if an application was filed on January 2 and the first Office action on the merits was not mailed until six months later on July 2, the examiner would be required to consider any proper information disclosure statement filed prior to July 2. A RCE is not the filing of an application, but merely the continuation of prosecution in the current application.
After the mailing of a RCE, such application is treated as an amended application by the examiner and is subject to a short turnover time. An information disclosure statement will be considered by the examiner if filed after the period specified in subsection I. If a final action, notice of allowance, or an Ex parte Quayle action is mailed in an application and later withdrawn, the application will be considered as not having had a final action, notice of allowance, or an Ex parte Quayle action mailed for purposes of considering an information disclosure statement.
An Ex parte Quayle action is an action that closes the prosecution in the application as referred to in 37 CFR 1. Therefore, an information disclosure statement filed after an Ex parte Quayle action must comply with the provisions of 37 CFR 1. If information submitted during the period set forth in 37 CFR 1. The information submitted with a statement under 37 CFR 1. Where the information is submitted during this period with a fee as set forth in 37 CFR 1.
An information disclosure statement will be considered by the examiner if filed on or after the mailing date of any of the following: These requirements are appropriate in view of the late stage of prosecution when the information is being submitted, i. Payment of the fee 37 CFR 1. The information disclosure statement IDS submitted on  was filed after the mailing date of the  on .
The submission is in compliance with the provisions of 37 CFR 1. Accordingly, the information disclosure statement is being considered by the examiner.
The requirements of 37 CFR 1. This undertaking by the Office to consider information would be available throughout the pendency of the application until the point where the patent issue fee was paid. If the applicant files a continuing application under 37 CFR 1. If the prior application is a design application, the filing of a continued prosecution application under 37 CFR 1. After the issue fee has been paid on an application, it is impractical for the Office to attempt to consider newly submitted information.
Information disclosure statements filed after payment of the issue fee in an application will not be considered but will merely be placed in the application file. The application may be withdrawn from issue at this point, pursuant to 37 CFR 1. Applicants are encouraged to file the petition under 37 CFR 1. The Office cannot ensure that any petition under 37 CFR 1. Applicants considering filing a petition under 37 CFR 1.
If a petition under 37 CFR 1. The IDS should be filed before the mailing of a first Office action on the merits. See the discussion above in paragraph I. Alternatively, for example, a petition pursuant to 37 CFR 1.
This statement that one or more claims are unpatentable over the information must be unequivocal. A statement that a serious question as to patentability of a claim has been raised, for example, would not be acceptable to withdraw an application from issue under 37 CFR 1.
Information disclosure statements filed after payment of the issue fee will not be considered, but will be placed in the file. However, the application may be withdrawn from issue in order to file a request for continued examination RCE under 37 CFR 1. Alternatively, the other provisions of 37 CFR 1. The information disclosure statement would then be considered upon withdrawal of the application from issue under 37 CFR 1.
If an application has been withdrawn from issue under one of the provisions of 37 CFR 1. Petitions under 37 CFR 1. A statement under 37 CFR 1. One statement is that each item of information in an information disclosure statement was first cited in any communication, such as a search report, from a patent office outside the U. Applicant would not be able to make a statement under 37 CFR 1.
Similarly, applicant would not be able to make a statement under 37 CFR 1. Under this statement, it does not matter whether any individual with a duty of disclosure actually knew about any of the information cited before receiving the search report.
The date on the communication by the foreign patent office begins the three-month period in the same manner as the mailing of an Office action starts a three-month shortened statutory period for reply.
If the communication contains two dates, the mailing date of the communication is the one which begins the three-month period. The date which begins the three-month period is not the date the communication was received by a foreign associate or the date it was received by a U.
Likewise, the statement will be considered to have been filed on the date the statement was received in the Office, or on an earlier date of mailing or transmission if accompanied by a properly executed certificate of mailing or facsimile transmission under 37 CFR 1. The term counterpart foreign patent application means that a claim for priority has been made in either the U. Communications from foreign patent offices in foreign applications sometimes include a list of the family of patents corresponding to a particular patent being cited in the communication.
The family of patents may include a United States patent or other patent in the English language. Some applicants submit information disclosure statements to the PTO which list and include copies of both the particular patent cited in the foreign patent office communication and the related United States or other English language patent from the family list. In the alternative, a statement can be made if no item of information contained in the information disclosure statement was cited in a communication from a foreign patent office in a counterpart foreign application and, to the knowledge of the person signing the statement after making reasonable inquiry, neither was it known to any individual having a duty to disclose more than three months prior to the filing of the statement.
If an inventor of the U. The statement can be made by a registered practitioner who represents a foreign client and who relies on statements made by the foreign client as to the date the information first became known.
A registered practitioner who receives information from a client without being informed whether the information was known for more than three months, however, cannot make the statement under 37 CFR 1.
For example, if an inventor gave a publication to the attorney prosecuting an application with the intent that it be cited to the Office, the attorney should inquire as to when that inventor became aware of the publication and should not submit a statement under 37 CFR 1.
The statement can be based on present, good faith knowledge about when information became known without a search of files being made. For example, a statement under 37 CFR 1. I hereby state that each item of information contained in this Information Disclosure Statement was first cited in any communication from a foreign patent office in a counterpart foreign application not more than three months prior to the filing of this statement.
I hereby state that no item of information in the Information Disclosure Statement filed herewith was cited in a communication from a foreign patent office in a counterpart foreign application, and, to my knowledge after making reasonable inquiry, no item of information contained in this Information Disclosure Statement was known to any individual designated in 37 CFR 1.
An information disclosure statement may include two lists and two statements, similar to the above examples, in situations where some of the information listed was cited in a communication from a foreign patent office not more than three months prior to filing the statement and some was not, but was not known more than three months prior to filing the statement.
A copy of the foreign search report need not be submitted with the statement under 37 CFR 1. The time at which information was known to any individual designated in 37 CFR 1. The Office wishes to encourage prompt evaluation of the relevance of information and to have a date certain for determining if a statement under 37 CFR 1. A statement on information and belief would not be sufficient. Questions about the adequacy of any statement received in writing by the Office should be directed to the Office of Patent Legal Administration.
No extensions of time for filing an information disclosure statement are permitted under 37 CFR 1. If a bona fide attempt is made to comply with the content requirements of 37 CFR 1.
Information disclosure statements will be reviewed for compliance with the requirements of 37 CFR 1. Information submitted after the grant of a patent must comply with 37 CFR 1. The examiner may use form paragraph 6. The examiner will inform applicant that the information has not been considered and the reasons why by using form paragraphs 6. If the improper citation appears as part of another paper, e. However, other items of information that do comply with all the requirements of 37 CFR 1.
The information disclosure statement filed  fails to comply with the provisions of 37 CFR 1. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any resubmission of any item of information contained in this information disclosure statement or the submission of any missing element s will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all requirements for statements under 37 CFR 1.
The information disclosure statement filed  fails to comply with 37 CFR 1. It has been placed in the application file, but the information referred to therein has not been considered. The listing of references in the specification is not a proper information disclosure statement. Do not use this form paragraph when the missing reference s are U.
The information disclosure statement has been placed in the application file, but the information referred to therein has not been considered. This form paragraph is applicable for such an IDS submission. The information disclosure statement filed  was submitted on an electronic medium that was not acceptable. This form paragraph may be used when the IDS that includes patents and non-patent literature documents is submitted on compact discs or any other electronic medium, except via EFS.
Only tables, sequence listings, and program listings may be submitted on CDs. The information disclosure statement filed on  does not fully comply with the requirements of 37 CFR 1. Since the submission appears to be bona fide , applicant is given ONE 1 MONTH from the date of this notice to supply the above-mentioned omissions or corrections in the information disclosure statement. Failure to timely comply with this notice will result in the above-mentioned information disclosure statement being placed in the application file with the non-complying information not being considered.
This practice does not apply where there has been a deliberate omission of some necessary part of an Information Disclosure Statement or where the requirements based on the time of filing the statement, as set forth in 37 CFR 1. The information contained in information disclosure statements which comply with both the content requirements of 37 CFR 1.
Consideration by the examiner of the information submitted in an IDS means that the examiner will consider the documents in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search. Those citations not considered by the examiner will have a line drawn through the citation.
The copy returned to applicant will serve both as acknowledgement of receipt of the information disclosure statement and as an indication as to which references were considered by the examiner. The examiner need not have the information translated unless it appears to be necessary to do so.
The examiner will indicate that the non-English language information has been considered in the same manner as consideration is indicated for information submitted in English. The examiner should not require that a translation be filed by applicant. The examiner should not make any comment such as that the non-English language information has only been considered to the extent understood, since this fact is inherent.
See Semiconductor Energy Laboratory Co. The other items of information listed that do comply with the requirements of 37 CFR 1. Occasionally, documents are submitted and relied on by an applicant when replying to an Office action. These documents may be relied on by an applicant, for example, to show that an element recited in the claim is operative or that a term used in the claim has a recognized meaning in the art.
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Imsges: dating counterpart documents
This left Conners with a sample of Peter's mutated blood. Friday, Mar 16th 5-Day Forecast. A listing of the information need not be resubmitted in the continuing application unless the applicant desires the information to be printed on the patent.
However, the application may be withdrawn from issue in order to file a request for continued examination RCE under 37 CFR 1.
Alicia Vikander is subjected to vile sexist abuse by doduments trolls as they compare her to the original Tomb Documenta Angelina Jolie 'You've pushed me to this Bikini-clad Ashley Graham nearly has wardrobe malfunction as she flashes skin in sizzling white dating counterpart documents during photo shoot 'There are kids doxuments Second, 37 CFR 1. Chris Evans, 51, lets out a huge yawn intp dating intj he steps out with chic wife Natasha, 38, at the Cheltenham Festival He stifled a yawn. If the application is being allowed, form dating counterpart documents 6. Likewise, dating counterpart documents information disclosure statement will be considered if it is filed later than three months after the application filing date but before the mailing date of a first Office action on the merits. Harvey, actually a Lithuanian-born Jewish immigrant, adopted his screen name and the drawl and manners of an uppercrust Englishman.
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