609.04(b) Timing Requirements for an Information Disclosure Statement

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Campaign: 609.04(b) Timing Requirements for an Information Disclosure Statement

Single fee for multiple IDSs between 1st & 2d OAs

37CFR1.97(c)(2) imposes a fee for IDSs submitted between the 1st and 2nd office actions (roughly speaking). This imposes a cost vs. risk tradeoff on practitioners, because once the 1st Response is filed, the deadline to submit any newly discovered art is indeterminate (depends on when the Examiner issues the 2nd OA). If the practitioner submits new art immediately whenever he/she becomes aware of it, then he might have ...more »

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