Information Disclosure Statement 101: Here’s How to File an IDS Form

Filing an Information Disclosure Statement (IDS) is one of the most important patent process steps. When prior art is found, IDSs must be filed before an applicant is granted any legal intellectual property (IP) rights by the United States Patent and Trademark Office (USPTO).

Understanding the legal disclosures required via the IDS form is crucial to ensuring that the USPTO does not delay or reject an applicant’s submission. How do you file an IDS form? SyncIDS explains the process.

What is an IDS?

An Information Disclosure Statement (IDS) is a form that details all the previously known  art history (aka “prior art”) related to an invention or other intellectual property. Art history refers to any known details or information related to an invention. Art history includes other patents, publications (articles referencing the invention or IP), products, or other information.

Art history is important in proving the novelty and originality of a creation. The USPTO requires novelty and non-obviousness in its determination of whether or not an invention or creation is patentable.

An IDS must document every known prior art reference, regardless of whether or not the applicant believes the reference is significant. All patent applicants and their legal teams are legally bound to disclose any known prior art.

What Is Needed in an IDS Form?

Completing the Information Disclosure Statement requires attorneys and their teams to disclose all known prior art references that could impact patentability. The burden of disclosure is on the applicant, and every prior art reference plays a crucial role in the final determination of the novelty or uniqueness of an invention or IP.

Non-patent literature (NPL) also must be disclosed in the IDS. NPL is a type of prior art that includes any articles, research papers, clinical trials, and other printed or known citations referencing an invention or any similar attributes of the invention idea or concept. NPL is important as it can show that the invention was conceived at an earlier stage or that another individual possibly contributed to the novelty of the invention. Even if an NPL reference could be detrimental to the invention's patentability, the reference must always be disclosed in the IDS.

How to Prepare an Information Disclosure Statement

Patent attorneys understand that preparing an IDS requires diligence and extensive research. Uncovering all known NPL references and previous patents related to a new invention can be arduous, and one error, even when unintentional, threatens the filing process. 

Patent attorneys and their teams spend many hours researching all known references, ensuring no citation is left out of the IDS form. While sources like Espacenet and Patent Center allow legal teams to gather previously cited patent information for their IDS filing, missing citations are a common pain point in the patent filing process.

Many patent attorneys understand that the USPTO has a very high rejection rate for patent filings, and the most common reason for this rejection relates to missing information. Depending on the source, rejection rates may be as high as 60 percent. The common reasons for rejection include obviousness (i.e. the invention is not new or novel), non-patentable properties, and inadequate disclosures.

When the USPTO rejects an application for inadequate disclosures, it means that the filing did not provide enough information about the invention. In addition to disclosing prior art and NPL, filings must include a detailed description of the invention, including a visual rendering (if applicable), proper use or functionality, etc.

Unpatentable Subject Matter

Some patent applications receive a rejection from the USPTO based on the invention being considered non-patentable. What is unpatentable subject matter? Any invention based upon “...the laws of nature, physical phenomena, and abstract ideas are not patentable.”

All inventors seeking patent protection for their invention must ensure that their invention is unique/novel, serves a distinct purpose, can be replicated, is properly described to the USPTO, and, most importantly, does not fall into unpatentable subject matters. Even when all these considerations are met, one missing detail in an IDS could lead to the rejection of the application. For this reason, attorneys and their teams rely on various resources, tools, and online portals to find every prior art and NPL about an invention. 

SyncIDS Streamlines the Process for Completing an IDS 

Depending on the type or subject matter of an invention, research for an Information Disclosure Statement could take hours or even days. Multiple team members may dedicate time to searching databases, compiling references, and requesting specific renderings of an invention.

Patent lawyers and legal teams know that speed is not as important as accuracy when filing documents with the USPTO. However, clients and their legal teams often want an easier, faster, and more comprehensive solution for finalizing and completing Information Disclosure Statements. SyncIDS offers capabilities that streamline the IDS process, ensuring accuracy and minimizing the risk of rejection because of missing disclosures. 

Weekly USPTO Action Sweeps

Using SyncIDS intuitively conducts USPTO action sweeps each week. The system automatically updates your prior art list with office actions, notices of allowance, 892 references (cited by the Examiner), third-party submissions, and Ex parte Quayle actions. These should be submitted on IDSs in related cases to minimize rejections and ensure accuracy. 

Comprehensive Data Migration

SyncIDS is designed to migrate data automatically. The system integrates the inventor name, filing date, art unit, previously-cited U.S. patents/publications, foreign patents (includes most PDFs), NPL data, etc. This simple capability saves time and helps ensure accuracy of filings. 

SyncIDS syncs with Espacenet and Patent Center, gathering previously cited art and NPL and entering this data into the filing. The system also seamlessly links together patent families and subject matter relationships (upon request).  

Paralegal Assistance

Need more help or feeling short staffed? SyncIDS also offers paralegal assistance, providing additional support with data gathering and other actions related to IDS filing. 

Take a Test Drive or Request a Demo

Patent legal teams who want to see the capabilities of SyncIDS firsthand to better understand how the system works and how it improves filing efficiency can take a test drive or request a free demo. The “test drive” pulls together relevant information and disclosures related to a current filing; you only pay if you file the IDS. 

Free demos of SyncIDS focus on showing legal teams how to use the system and explaining each tool and internal functionality. SyncIDS is extremely user-friendly, which is why so many legal professionals and teams use it to simplify the filing process.

Interested in taking a test drive or requesting a demo? Contact us today and schedule!