Mega IDSs: The Risks Of Submitting Very Large Information Disclosure Statements

Many patent applicants submit large Information Disclosure Statements (IDS) that contain all possible references of which the Applicant is aware. This is particularly common when several patent applications containing related subject matter are filed. One objective is to shield the Applicant from a charge of inequitable conduct for failure to submit a potentially material reference. Another objective is to bolster the presumption of validity by allowing the argument that a particular reference was considered by the Examiner during prosecution. Unfortunately, submitting a very large IDS may not accomplish either objective.

Examiners are frequently critical of large IDSs, and in some cases, suggest that the Applicant identify references in the IDSs that are particularly relevant or material. No response to that request, however, is required. In some patent challenges, opponents have accused the applicant of burying material prior art in large IDSs with the hopes that