By: Mel R. Quintos

This series of articles concerns U.S Patent and Trademark Office (USPTO) propoosed rule changes in prosecuting patent applications, including possible changes in Information Disclosure Statements (IDSs), Continuing Applications(RCEs, and Continuation and Divisional applications), and examination of claims. Although these proposed rule changes have not yet been adopted, they are being seriously considered by the USPTO. Once they are adopted, the rule changes become effective fairly quickly.

This newsletter specifically addresses the proposed rule changes in IDSs. Corresponding IDS proposed requirement for each stage of prosecution are highlighted in the above timeline (first period though fourth period).

In the first period, no explanation is needed if the number of citation is 20 or less. An explanation is required for each reference in the first period if the reference is more than 25 pages or in a non-English language, or if the more than 20 references are submitted. For each of the second through fourth period in the timeline, an explanation and a non -cumulative description are required for each cited reference.–click here to read more—