In Ecto World, LLC v. RAI Strategic Holdings, the Director has set a precedent making it challenging to secure institution if a petition references art merely listed on an Information Disclosure Statement (IDS) unless the art is categorized as 'voluminous.' This decision emphasizes the need for practitioners to diligently review each reference in an IDS to avoid submitting irrelevant information, a concern exacerbated by the potential misuse of AI tools. While parallels exist with historical suggestions by OED Director Moatz, current visibility of these requirements remains limited.
Dennis pointed out that the Director has in Ecto World, LLC v. RAI Strategic Holdings, Inc made it very difficult to obtain institution if a petition is based on art that was listed on an IDS.
Avoiding 'voluminous' IDSs should help insulate patents from institution; the Office emphasized that submitting an IDS means the practitioner has reviewed every reference listed.
The Office expressed concern that using AI to populate IDSs could burden it with irrelevant submissions, which contradicts the practitioner’s duty to review each piece of prior art.
Interestingly, this approach mirrors what OED Director Moatz suggested 20 years ago, which faced criticism for being unrealistic.
Collection
[
|
...
]