609.02 Information Disclosure Statements in Continued Examinations or Continuing Applications

Start a discussion about this subsection by clicking the Submit New Idea button on the left. You can read this subsection on the USPTO website.

609.02 Information Disclosure Statements in Continued Examinations or Continuing Applications

Copies of references of parent, in child IDS

Copies of foreign and non-patent literature cited in a child's IDS should not be required in when i) applicant complies with 37 CFR 1.98 (d) (1) and, ii) copies of the references exist in the parent. Thus, 37 CFR 1.98 (d) (2) needs a slight rewording for instances when the references cited in the child's IDS were cited in the parent by the Office. In such an instance there will be no IDS in the parent that lists the ...more »

Submitted by (@anexaminer)

Voting

4 votes
5 up votes
1 down votes
Active

609.02 Information Disclosure Statements in Continued Examinations or Continuing Applications

IBM recommends Examiner Monitor Prior Art in Sibling Application

To ensure citation of relevant prior art, many Applicants of continuation or divisional applications submit Information Disclosure Statements citing prior art that was cited in a “sibling” application, i.e. a patent application claiming priority on the same parent application as the continuation or divisional application. Thus, whenever there is an Office Action in a sibling application, many Applicants of the continuation ...more »

Submitted by (@lisaulrich)

Voting

3 votes
4 up votes
1 down votes
Active