Patent practitioners know that the time spent preparing paperwork before submitting a new USPTO patent application is by no means insignificant. To produce a complete and compliant patent application, patent professionals must turn a portion of their attention to completing application data sheets, oaths and declarations, petitions, status claims, and other USPTO forms. In the eyes of many, the most notorious form – known for being both time-consuming and tedious to complete – is the Information Disclosure Statement.

The Information Disclosure Statement, also known as an “IDS,” is a submission to the USPTO that lists all the prior art or other information that could impact an invention’s patentability. A patent applicant has a duty to disclose material references of any type, which can include issued patents, patent applications, books, scientific journal articles, or any other type of documentation. Because most patent applicants have a fair amount of research conducted before entering patent prosecution, an applicant could wind up with anywhere from a handful to dozens of references that must be meticulously listed on their IDS. Excess time spent producing an IDS is an excess expense for patent clients. The LexisNexis PatentOptimizer® patent analysis and drafting tool can save patent applicants time and money by automatically generating IDS forms in only four simple steps.

Step 1: Create a List of References

IDS form auto-population begins by creating a simple list in Word, Excel or PDF format. When presented with a list of reference numbers, such as a patent number or a publication number PatentOptimizer™ will go to work pulling each reference’s date, inventor information and kind code from an online database. PatentOptimizer users even have leeway in how they format each reference, as the program recognizes several variations, including:

United States Patent Documents –

U.S. Pat. No. 7769445
United States Patent Number 7,769,445
US Pat No 7769445
Us pat no 7,769,445
us pat no 7769445
USP7769445

Foreign Patent Documents –

WO2010088341
EP1761305Ba

Non-Patent Literature –

Friedman, Richard A. et al., “Implantable Defibrillators In Children:
From Whence to Shock,” Journal of Cardiovascular Electrophysiology, vol. 12, No. 3, Mar. 2001, pp. 361-362.

Step 2: Check References

In the reference list document, click the Check References button under the LexisNexis PatentOptimizer® tab, and PatentOptimizer will produce a dialog box presenting information from the references in your Step 1 list in three separate categories:

1) United States Patent Documents;
2) Foreign Patent Documents; and
3) Non-Patent References.

Step 3: Select References

In the PatentOptimizer dialog box, check the box next to each reference you would like to appear in your IDS form, or click “Select All” to select all of the references in a specific category. PatentOptimizer will only gather information for each reference you have selected, so make sure your selections are complete before moving forward.

Step 4: Finish With A Click

In the bottom corner of the PatentOptimizer dialog box, click USPTO IDS. PatentOptimizer will use the most recent USPTO form and will auto-fill the document with all of your references. Quick and easy.

The PatentOptimizer patent analysis and drafting tool enables more efficient patent drafting and prosecution – populating forms is just the beginning. To learn more about PatentOptimizer and all of its features, request a demo today.

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