Patent Guide: Information Disclosure Statement

Under U.S. patent law, inventors and their representatives have a duty to disclose to the Patent Office all information they know that is “material” to the patentability of their invention. This means any relevant prior references (e.g. publications, other patents, or facts that might affect whether their invention is truly new and non-obvious) must be submitted to the patent office. 

Obtaining a patent is not meant to be adversarial – you bring to the table what you know, the examiner searches and provides what he/she knows – and we work together to determine what can be patented. Hiding information can lead to the patent being canceled or worse.

The disclosure requirement is enforced through a formal process where applicants typically submit an “Information Disclosure Statement” (IDS) listing relevant prior art references. Applicants must disclose information they’re aware of that a reasonable examiner would consider important in deciding whether to grant the patent. This doesn’t mean applicants must search for content beyond what they already know, though if you know about it, you must disclose.