What is the timeline for submitting an IDS in an international design application?

The timeline for submitting an Information Disclosure Statement (IDS) in an international design application designating the United States is outlined in MPEP 2920.05(f):

1. At filing: An applicant may submit an IDS using Annex III to the official application form (DM/1 form) when filing the international design application.
2. Preferred timing: “The Office would prefer to receive the IDS from the applicant after publication of the international registration.”
3. Three-month window: According to 37 CFR 1.97(b)(5), “the IDS will be considered by the Office if filed by the applicant within three months of the date of publication of the international registration under Hague Agreement Article 10(3).”
4. Later submissions: “The Office may also consider an IDS filed after this three month period as provided in 37 CFR 1.97.”

It’s important to note that while the USPTO will accept IDS submissions at various stages, submitting within the three-month window after publication ensures consideration without additional requirements. For IDS submissions outside this window, applicants should consult 37 CFR 1.97 for specific requirements and potential fees.

To learn more:

• IDS
• international design application
• timeline
• USPTO
• Hague Agreement