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Issue 103 | September 5, 2003
US Patent Documents No Longer Required for Certain IDSs in the U.S.
 The U.S. Patent and Trademark Office ("USPTO") has waived the Information Disclosure Statement ("IDS") formatting requirement under 37 CFR 1.98(a)(2)(i) to no longer require submission of a copy of each cited U.S. patent and patent application publication in all U.S. national patent applications filed after June 30, 2003 and in all international applications that have entered the national stage under 35 USC ยง 371 after June 30, 2003 under 37 CFR 1.491(b). For all patent applications filed on or before June 30, 2003, copies of cited U.S. patents and patent application publications are still required unless an eIDS is filed. Applicants are also still required to submit copies of foreign patent documents and non-patent literature in accordance with 37 CFR 1.98(a)(2).

As reported in Issue 29 of the APLF Patent Law Updates, the requirement for copies of cited references to be submitted with IDS listings was partially waived with respect to U.S. patents and U.S. patent application publications when the IDS was submitted using the electronic filing system. Since then, all U.S. applications filed after June 30, 2003 (unless under secrecy order or containing national security markings) have been stored in electronic form. IDSs which are submitted for these recent applications are now processed with electronic links that permit cited U.S. patents and application publications to be conveniently viewed by examiners using the Office's patent search system. Submission and scanning of these documents is therefore no longer necessary.

A complete copy of the pre-OG Notice dated July 11, entitled "Information Disclosure Statements May Be Filed Without Copies of U.S. Patents and Published Applications in Patent Applications filed after June 30, 2003" is available at http://www.uspto.gov/web/offices/pac/dapp/opla
/preognotice/idswouscopies.htm#_edn1
. For more information about these rule changes, contact Bill Heinze (billheinze@tkhr.com) at Thomas, Kayden, Horstemeyer & Risley in Atlanta, Georgia USA.

The information contained in this email is provided for informational purposes only and does not represent legal advice. Neither the APLF nor the author intends to create an attorney client relationship by providing this information to you through this message.

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