What are the Information Disclosure Statement (IDS) requirements for international design applications?

Information Disclosure Statement (IDS) requirements for international design applications designating the United States are similar to those for domestic national applications:

  • The duty to disclose information material to patentability applies to individuals associated with the filing and prosecution of the application.
  • An IDS must adhere to the requirements set forth in 37 CFR 1.97, 1.98, and 1.33(b) for consideration by the examiner.
  • An IDS filed within three months of the publication date of the international registration will be considered by the Office under 37 CFR 1.97(b)(5).
  • IDSs filed after this period may be considered as provided in 37 CFR 1.97.

As stated in the MPEP: An international design application designating the United States has the effect of a U.S. patent application and thus is subject to 37 CFR 1.56.

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Topics: MPEP 2900 - International Design Applications, MPEP 2920.05 - Examination, Patent Law, Patent Procedure
Tags: Duty To Disclose, Ids, Information Disclosure Statement, international design applications, USPTO