About the Information Disclosure Statement

In most countries around the world, it is required that either the inventor, the inventor’s agent, or the attorney responsible for preparing the patent application disclose all information that they have regarding the patentability of the application the patent office. Therefore, patent applications include an information disclosure statement, which has all of this information. It is expected that all the relevant details be presented in good faith.

The information disclosure statement consists of two parts. The first part is a list that consists of all the publications, issued patents, magazines, books, scientific articles that have appeared in journals, or any other information that there might be. The second part is a succinct explanation that justifies the relevance of each item that has been listed which is not in a language that is recognized by the patent office.

Below are some of the examples of information that could be included in an information disclosure statement:

  • References that have been found in any search regarding the technology, including any prior-art search, state-of-the-art search, novelty search, patentability search, infringement search, etc.
  • Any references that been mentioned in applications that are related to the patent application. This includes parent and sister applications, continuation applications, and divisional applications.
  • When the related foreign applications are being prosecuted, the Examiner may cite some references. If the practitioner is aware of these while preparing the information disclosure statement, these must be included as well.
  • All documents and information pertaining to the patent that is known to inventor should be included. This includes research papers, posters, and brochures of products, etc.

Preparing an information disclosure statement allows for the preparation of a better patent application as well. While preparing the information disclosure statement, the practitioner has to take into account all the prior art when drafting any claims in the application. Therefore, it becomes easier to explain why the references are relevant. This in turn helps build a better, stronger patent application as well.

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