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.
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2004 - Aids To Compliance With Duty Of Disclosure,
Patent Law,
Patent Procedure