What role do inventors play regarding the filing of an IDS?

The responsibility of inventors in the filing of an Information Disclosure Statement (IDS) is fundamental and encompasses ensuring that all relevant information is disclosed to the United States Patent and Trademark Office (USPTO). Inventors typically possess the most comprehensive understanding of the invention and surrounding technology, which positions them to identify pertinent prior art, publications, and any other information that could impact the patentability of their invention.

An IDS is a critical component of the patent application process because it allows the applicant to comply with the duty of candor and good faith in dealing with the USPTO. By ensuring that all relevant information is disclosed, inventors help prevent issues that could arise from the later discovery of undisclosed information, which could lead to patent unenforceability or invalidation.

While the role of an attorney or agent is to prepare and file the IDS, they rely heavily on the input of the inventors to provide complete and accurate information. Therefore, inventors actively contribute to this process by identifying and suggesting information that needs to be included, making their involvement crucial in fulfilling the legal obligations for patent applications.