What is the duty of disclosure in international design applications designating the United States?

The duty of disclosure in international design applications designating the United States is similar to that of domestic national applications. According to MPEP 2920.05(f), “the duty to disclose information material to patentability as defined in 37 CFR 1.56 is placed on individuals associated with the filing and prosecution of an international design application designating the United States in the same manner as for a domestic national application.”

This duty is based on the fact that an international design application designating the United States has the effect of a U.S. patent application, as stated in 35 U.S.C. 385: “An international design application designating the United States shall have the effect, for all purposes, from its filing date determined in accordance with section 384, of an application for patent filed in the Patent and Trademark Office pursuant to chapter 16.”

To learn more:

• international design application
• duty of disclosure
• IDS
• USPTO
• patent law