How can an applicant submit an Information Disclosure Statement (IDS) for an international design application?

Applicants have multiple options for submitting an Information Disclosure Statement (IDS) for an international design application designating the United States:

1. When filing the application: According to MPEP 2920.05(f), “When filing an international design application, an applicant may submit an IDS using Annex III to the official application form (DM/1 form).” For more information on this process, refer to MPEP § 2909.03.
2. After publication: The MPEP states, “The Office would prefer to receive the IDS from the applicant after publication of the international registration.” Specifically, 37 CFR 1.97(b)(5) provides that “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).”
3. Later submissions: “The Office may also consider an IDS filed after this three month period as provided in 37 CFR 1.97.”

For all IDS submissions, applicants must adhere to the requirements set forth in 37 CFR 1.97, 37 CFR 1.98, and 37 CFR 1.33(b) to ensure consideration by the examiner.

To learn more:

• IDS
• international design application
• patent procedure
• USPTO
• Hague Agreement