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[lawtieda]

If a patent application was written without performing a prior art search, and the client is not aware of any relevant prior art, what is your opinion on submitting a blank information disclosure statement to the Examiner? Is the best practice to submit the blank form to signal that one will not be coming in the future, or to not submit and let the time requirements for doing so expire?

[blakesq]

Don't submit a blank IDS.  Either submit an IDS with prior art references, or do not submit one.  There is no time requirements for submitting an IDS, except you have to do it before the patent app issues.  There are requirements as to when you have to file a fee with an IDS (eg. after the first office action). 

I have never heard of the Patent Office waiting on an IDS before they start preparing their office action. 

If a patent application was written without performing a prior art search, and the client is not aware of any relevant prior art, what is your opinion on submitting a blank information disclosure statement to the Examiner? Is the best practice to submit the blank form to signal that one will not be coming in the future, or to not submit and let the time requirements for doing so expire?

[khazzah]

If a patent application was written without performing a prior art search, and the client is not aware of any relevant prior art, what is your opinion on submitting a blank information disclosure statement to the Examiner? Is the best practice to submit the blank form to signal that one will not be coming in the future, or to not submit and let the time requirements for doing so expire?

I concur with blakesq. The blank form does not serve as a signal that an IDS will never be filed. It couldn't -- the duty of disclosure continues until the patent issues.

[bleedingpen]

I have never heard of the Patent Office waiting on an IDS before they start preparing their office action. 

Maybe a coincidence, but it "feels" like sometimes submitting an IDS causes the Examiner to pick up a file and issue an office action.