Form PTO/SB/09 "Certification and Request for Consideration of an Information Disclosure Statement Filed After Payment of the Issue Fee Under the Qpids Program"

What Is Form PTO/SB/09?

This is a legal form that was released by the U.S. Department of Commerce - Patent and Trademark Office on September 1, 2018 and used country-wide. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on September 1, 2018;
  • The latest available edition released by the U.S. Department of Commerce - Patent and Trademark Office;
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  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form PTO/SB/09 by clicking the link below or browse more documents and templates provided by the U.S. Department of Commerce - Patent and Trademark Office.

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Download Form PTO/SB/09 "Certification and Request for Consideration of an Information Disclosure Statement Filed After Payment of the Issue Fee Under the Qpids Program"

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Doc Code: QPIDS.REQ
Document Description: Quick Path Information Disclosure Statement
PTO/SB/09 (09-18)
CERTIFICATION AND REQUEST FOR CONSIDERATION OF AN INFORMATION DISCLOSURE
STATEMENT FILED AFTER PAYMENT OF THE ISSUE FEE UNDER THE QPIDS PROGRAM
Non-Provisional Application Number:
Filing Date:
First Named Inventor:
Title of Invention:
THE UNDERSIGNED HEREBY CERTIFIES AND REQUESTS THE FOLLOWING FOR THE ABOVE-
IDENTIFIED APPLICATION.
1.
Consideration is requested of the information disclosure statement (IDS) submitted herewith, which is
being filed after payment of the issue fee.
2.
Check the box next to the appropriate selection:
Each item of information contained in the IDS was first cited in any communication from a foreign
patent office in a counterpart foreign application not more than three months prior to the filing of the IDS.
See 37 CFR 1.97(e)(1).
OR
No item of information contained in the IDS was cited in a communication from a foreign patent office
in a counterpart foreign application, and, to the knowledge of the person signing the certification after
making reasonable inquiry, no item of information contained in the IDS was known to any individual
designated in 37 CFR 1.56(c) more than three months prior to the filing of the IDS. See 37 CFR
1.97(e)(2).
OR
See attached certification statement in compliance with 37 CFR 1.97(e).
3.
Please charge the IDS fee set forth in 37 CFR 1.17(p) to Deposit Account No. _____________________.
4.
A Petition to Withdraw from Issue After Payment of the Issue Fee (37 CFR 1.313(c)(2)), including the
petition fee set forth in 37 CFR 1.17(h), is submitted herewith as a Web-based ePetition.
WARNING: Do not submit the petition as a follow-on paper via EFS-Web. Submit the petition as a Web-
based ePetition by signing on to EFS‐Web as a registered user, selecting the radio button next to
“Existing application/patent,” and then selecting the radio button next to “ePetition (for automatic
processing and immediate grant, if all petitions requirements are met).” Failure to use the Web-based
ePetition interface will result in automatic entry of the RCE.
5.
A request for continued examination (RCE) under 37 CFR 1.114 and the RCE fee under 37 CFR 1.17(e)
are submitted herewith.
6.
The RCE will be treated as a “conditional” RCE. In the event the examiner determines that any item of
information contained in the IDS necessitates the reopening of prosecution in the application, the
undersigned understands that (i) the RCE will be processed and treated as an RCE under 37 CFR 1.114
and therefore (ii) the IDS fee under 37 CFR 1.17(p) will be returned in accordance with
37 CFR 1.97(b)(4). In the event that no item of information in the IDS necessitates reopening prosecution,
the undersigned understands that the RCE will not be processed and the RCE fee under 37 CFR 1.17(e)
will be returned.
7.
This certification and request is being filed as a Web-based ePetition and is not accompanied by an
amendment to the application. Inclusion of an amendment will result in automatic entry of the RCE.
Signature
Date
Practitioner
Name
Registration Number
(Print/Typed)
(If applicable)
Note: Signatures of all the inventors or assignees of record of the entire interest or their representative(s) are required in accordance with
37 CFR 1.33 and 11.18. Please see 37 CFR 1.4(d) for the form of the signature. If necessary, submit multiple forms for more than one
signature, see below.*
*Total of ______ forms are submitted.
If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
Doc Code: QPIDS.REQ
Document Description: Quick Path Information Disclosure Statement
PTO/SB/09 (09-18)
CERTIFICATION AND REQUEST FOR CONSIDERATION OF AN INFORMATION DISCLOSURE
STATEMENT FILED AFTER PAYMENT OF THE ISSUE FEE UNDER THE QPIDS PROGRAM
Non-Provisional Application Number:
Filing Date:
First Named Inventor:
Title of Invention:
THE UNDERSIGNED HEREBY CERTIFIES AND REQUESTS THE FOLLOWING FOR THE ABOVE-
IDENTIFIED APPLICATION.
1.
Consideration is requested of the information disclosure statement (IDS) submitted herewith, which is
being filed after payment of the issue fee.
2.
Check the box next to the appropriate selection:
Each item of information contained in the IDS was first cited in any communication from a foreign
patent office in a counterpart foreign application not more than three months prior to the filing of the IDS.
See 37 CFR 1.97(e)(1).
OR
No item of information contained in the IDS was cited in a communication from a foreign patent office
in a counterpart foreign application, and, to the knowledge of the person signing the certification after
making reasonable inquiry, no item of information contained in the IDS was known to any individual
designated in 37 CFR 1.56(c) more than three months prior to the filing of the IDS. See 37 CFR
1.97(e)(2).
OR
See attached certification statement in compliance with 37 CFR 1.97(e).
3.
Please charge the IDS fee set forth in 37 CFR 1.17(p) to Deposit Account No. _____________________.
4.
A Petition to Withdraw from Issue After Payment of the Issue Fee (37 CFR 1.313(c)(2)), including the
petition fee set forth in 37 CFR 1.17(h), is submitted herewith as a Web-based ePetition.
WARNING: Do not submit the petition as a follow-on paper via EFS-Web. Submit the petition as a Web-
based ePetition by signing on to EFS‐Web as a registered user, selecting the radio button next to
“Existing application/patent,” and then selecting the radio button next to “ePetition (for automatic
processing and immediate grant, if all petitions requirements are met).” Failure to use the Web-based
ePetition interface will result in automatic entry of the RCE.
5.
A request for continued examination (RCE) under 37 CFR 1.114 and the RCE fee under 37 CFR 1.17(e)
are submitted herewith.
6.
The RCE will be treated as a “conditional” RCE. In the event the examiner determines that any item of
information contained in the IDS necessitates the reopening of prosecution in the application, the
undersigned understands that (i) the RCE will be processed and treated as an RCE under 37 CFR 1.114
and therefore (ii) the IDS fee under 37 CFR 1.17(p) will be returned in accordance with
37 CFR 1.97(b)(4). In the event that no item of information in the IDS necessitates reopening prosecution,
the undersigned understands that the RCE will not be processed and the RCE fee under 37 CFR 1.17(e)
will be returned.
7.
This certification and request is being filed as a Web-based ePetition and is not accompanied by an
amendment to the application. Inclusion of an amendment will result in automatic entry of the RCE.
Signature
Date
Practitioner
Name
Registration Number
(Print/Typed)
(If applicable)
Note: Signatures of all the inventors or assignees of record of the entire interest or their representative(s) are required in accordance with
37 CFR 1.33 and 11.18. Please see 37 CFR 1.4(d) for the form of the signature. If necessary, submit multiple forms for more than one
signature, see below.*
*Total of ______ forms are submitted.
If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
Privacy Act Statement
The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of
the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)(2); (2)
furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the
U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent application or
patent. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to
process and/or examine your submission, which may result in termination of proceedings or abandonment of the
application or expiration of the patent.
The information provided by you in this form will be subject to the following routine uses:
1. The information on this form will be treated confidentially to the extent allowed under the Freedom of
Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may
be disclosed to the Department of Justice to determine whether disclosure of these records is required by the
Freedom of Information Act.
2. A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence
to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of
settlement negotiations.
3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a
request involving an individual, to whom the record pertains, when the individual has requested assistance from
the Member with respect to the subject matter of the record.
4. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having
need for the information in order to perform a contract. Recipients of information shall be required to comply
with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
5. A record related to an International Application filed under the Patent Cooperation Treaty in this system of
records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property
Organization, pursuant to the Patent Cooperation Treaty.
6. A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes
of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C.
218(c)).
7. A record from this system of records may be disclosed, as a routine use, to the Administrator, General
Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency’s
responsibility to recommend improvements in records management practices and programs, under authority of
44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing
inspection of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive. Such
disclosure shall not be used to make determinations about individuals.
8. A record from this system of records may be disclosed, as a routine use, to the public after either publication of
the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a
record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record
was filed in an application which became abandoned or in which the proceedings were terminated and which
application is referenced by either a published application, an application open to public inspection or an issued
patent.
9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.
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