What is the significance of the two-month time period in patent disclosures?

What is the significance of the two-month time period in patent disclosures?

The two-month time period is significant in patent disclosures for the following reasons:

  • Timely disclosure: It encourages prompt submission of information to the USPTO.
  • Avoiding late fees: Submitting within two months can help avoid additional fees for late information disclosure statements.
  • Demonstrating diligence: It shows the applicant’s commitment to fulfilling the duty of disclosure.

The MPEP states: “Applicants may wish to consider submitting information about prior art cited in search reports of a foreign patent office in a counterpart application. The citation should be submitted within two months of the date the foreign search report is issued.” (MPEP 2004)

While not a strict deadline, adhering to this two-month guideline can help streamline the patent examination process and demonstrate good faith in complying with disclosure requirements.

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Topics: MPEP 2000 - Duty Of Disclosure, MPEP 2004 - Aids To Compliance With Duty Of Disclosure, Patent Law, Patent Procedure
Tags: foreign search reports, Information Disclosure, patent examination, two-month period