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

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Duty of Disclosure for All Individuals MPEP 2004 Submission of Less Close Prior Art Required Under 37 CFR 1.56 MPEP 2004 Permitted Material Information About Prior Uses and Sales Must Be Disclosed MPEP 2004 Permitted Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Helpful Suggestions to Avoid Duty of Disclosure Issues MPEP 2004 Prohibited Duty of Disclosure Must Be Complied With MPEP 2004 Disclosure of Prior Art Early In Prosecution MPEP 2004 Recommended Individuals Must Disclose Material Information MPEP 2000 Other Related FAQs 5 FAQs Collapse What are some best practices for complying w...