a list of all patents, publications, U.S. applications, or other information submitted for consideration by the Office in a
non-provisional patent application filed under
35 U.S.C. §111(a) to comply with applicant's duty to submit to the Office information which is material to patentability of the invention claimed in the non-provisional application.
For patent applications filed under
35 U.S.C. §111(a), applicants and other individuals who are substantively involved in preparing or prosecuting a patent application must submit to the Office information which is material to patentability
(could render a claim unpatentable) as defined in
37 CFR § 1.56. The provisions of
37 CFR § 1.97 and
37 CFR § 1.98 provide a mechanism for compliance with the duty of disclosure provided in 37 CFR § 1.56.
The
IDS must include a list of all
patents,
publications,
U.S. applications, or
other information submitted for consideration by the Office. The USPTO provides
forms for use in the submission of an IDS, the
PTO/SB/08a and
PTO/SB/08b.
-- see
37 CFR §§§ 1.56, 1.97 and 1.98 and
MPEP 609 for more
Context: Patent