MPEP Q & A 127: What Must a Statement Under 37 CFR 1.97(e) State?

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Question:

What must a statement under 37 CFR 1.97(e) state?

Answer:

A statement under 37 CFR 1.97(e) must state either:

  • That each item of information contained in the information disclosure statement was first cited in any communication from a foreign patent office in a counterpart foreign application not more than three months prior to the filing of the statement, or
  • That no item of information contained in the information disclosure statement was cited in a communication from a foreign patent office in a counterpart foreign application, and, to the knowledge of the person signing the statement after making reasonable inquiry, no item of information contained in the information disclosure statement was known to any individual designated in 37 CFR 1.56(c) more than three months prior to the filing of the statement.

Chapter Details:

The answer to this question can be found in chapter 600 of the MPEP. This chapter covers Parts, form, and content of application.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 609.04(b) of the MPEP.  The following is a brief summary of section 609.04(b).

609.04(b) Timing Requirements for an Information Disclosure Statement

The time period for filing an IDS is a complicated subject. The general trend is that more requirements are placed on the applicant the later the IDS is filed during the prosecution of the application. The time for filing an IDS cannot be extended under 1.136(a) or (b). The details correlating to the time to file an IDS are outlined in this section.