The USPTO is implementing a pilot program that will allow the applicants of a utility or reissue application to submit an IDS after payment of the issue fee if they can make the appropriate Statement under 37 CFR 1.97(e)(1) or 1.97(e)(2).
An IDS filed under this program will be called a ”QPIDS” for “Quick Path Information Disclosure Statement.” The program is effective May 16 to Sept 30, 2012. At that time, the PTO will decide whether to extend this pilot program or not.
To file an IDS under this program you need:
- A transmittal form that indicates this is a QPIDS submission (such as PTO/SB/09). PTO/SB/09 is a new form. I don’t see it on the USPTO website yet but hopefully it will be there soon.
- The IDS itself
- The appropriate Statement under 37 CFR 1.97(e)(1) or 1.97(e)(2)
- The IDS fee 37 CF 1.17(p)
- A Web-based ePetition to withdraw from issue under 37 CFR 1.313(c)(2) with the petition fee set forth in 37 CFR 1.17(h)
- An RCE – which will be treated as a “conditional RCE” – with the RCE fee under 37 CFR 1.17(e)
- IF appropriate, the statement under 37 CFR 1.704(d) to avoid reduction in patent term adjustment pursuant to 37 CFR 1.704(c)(10).
All papers must be filed via EFS-Web and ***all fees must be paid by authorization to charge a deposit account***.
The immediate granting of the ePetition will put the IDS on the examiner’s expedited docket.
The RCE will be treated as a conditional RCE until the examiner determines whether any item of information in the IDS necessitates reopening prosecution. If prosecution is reopened, the IDS fee will be returned. If the examiner decides it is not necessary to reopen prosecution, then the examiner will consider the IDS, the IDS fee will be kept and the RCE fee will be returned.
For more information, click here.