Recently, the USPTO revised the "Applicant Information Disclosure Statement", namely IDS Form SB/08a, which is now available for download on the USPTO official website.
A new checkbox has been added to the new IDS form to help applicants use the copy exception in 37 CFR 1.98(d) and to make it easier for examiners to review.
Pursuant to 37 CFR 1.98(d) of the U.S. Patent Act, a copy of the information listed in the IDS is not required if it has been previously submitted to the USPTO or cited by the USPTO in prior art pursuant to 35 USC 120. In addition, the IDS submitted to the USPTO contained in the prior application must comply with 37 CFR 1.98(a)-(c). When this newly added checkbox is selected, a paper is attached to identify where the prior art or cited reference can be found. The checkbox and the accompanying paper will help the examiner determine if a particular reference has been previously cited and where a copy of that reference can be found.
