Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2900 – International Design Applications (1)
Information Disclosure Statement (IDS) requirements for international design applications designating the United States are similar to those for domestic national applications:
- The duty to disclose information material to patentability applies to individuals associated with the filing and prosecution of the application.
- An IDS must adhere to the requirements set forth in 37 CFR 1.97, 1.98, and 1.33(b) for consideration by the examiner.
- An IDS filed within three months of the publication date of the international registration will be considered by the Office under 37 CFR 1.97(b)(5).
- IDSs filed after this period may be considered as provided in 37 CFR 1.97.
As stated in the MPEP: An international design application designating the United States has the effect of a U.S. patent application and thus is subject to 37 CFR 1.56.
To learn more:
MPEP 2920.05 – Examination (1)
Information Disclosure Statement (IDS) requirements for international design applications designating the United States are similar to those for domestic national applications:
- The duty to disclose information material to patentability applies to individuals associated with the filing and prosecution of the application.
- An IDS must adhere to the requirements set forth in 37 CFR 1.97, 1.98, and 1.33(b) for consideration by the examiner.
- An IDS filed within three months of the publication date of the international registration will be considered by the Office under 37 CFR 1.97(b)(5).
- IDSs filed after this period may be considered as provided in 37 CFR 1.97.
As stated in the MPEP: An international design application designating the United States has the effect of a U.S. patent application and thus is subject to 37 CFR 1.56.
To learn more:
Patent Law (2)
Information Disclosure Statement (IDS) requirements for international design applications designating the United States are similar to those for domestic national applications:
- The duty to disclose information material to patentability applies to individuals associated with the filing and prosecution of the application.
- An IDS must adhere to the requirements set forth in 37 CFR 1.97, 1.98, and 1.33(b) for consideration by the examiner.
- An IDS filed within three months of the publication date of the international registration will be considered by the Office under 37 CFR 1.97(b)(5).
- IDSs filed after this period may be considered as provided in 37 CFR 1.97.
As stated in the MPEP: An international design application designating the United States has the effect of a U.S. patent application and thus is subject to 37 CFR 1.56.
To learn more:
A new oath or declaration is required for a continuation-in-part (CIP) application, and it must acknowledge the duty to disclose information material to patentability as defined in 37 CFR 1.56.
MPEP 602.02 states: ‘A new oath or declaration is required in a continuation-in-part application, which includes subject matter not disclosed in the prior nonprovisional application. See MPEP § 201.08 and § 602.’
The new oath or declaration in a CIP application should:
- Identify the application as a continuation-in-part
- Acknowledge the duty to disclose material information
- Cover the new subject matter introduced in the CIP
- Be signed by all inventors, including any new inventors added due to the new subject matter
It’s important to ensure that the new oath or declaration complies with all requirements of 37 CFR 1.63 to avoid potential issues during prosecution.
To learn more:
Patent Procedure (2)
Information Disclosure Statement (IDS) requirements for international design applications designating the United States are similar to those for domestic national applications:
- The duty to disclose information material to patentability applies to individuals associated with the filing and prosecution of the application.
- An IDS must adhere to the requirements set forth in 37 CFR 1.97, 1.98, and 1.33(b) for consideration by the examiner.
- An IDS filed within three months of the publication date of the international registration will be considered by the Office under 37 CFR 1.97(b)(5).
- IDSs filed after this period may be considered as provided in 37 CFR 1.97.
As stated in the MPEP: An international design application designating the United States has the effect of a U.S. patent application and thus is subject to 37 CFR 1.56.
To learn more:
A new oath or declaration is required for a continuation-in-part (CIP) application, and it must acknowledge the duty to disclose information material to patentability as defined in 37 CFR 1.56.
MPEP 602.02 states: ‘A new oath or declaration is required in a continuation-in-part application, which includes subject matter not disclosed in the prior nonprovisional application. See MPEP § 201.08 and § 602.’
The new oath or declaration in a CIP application should:
- Identify the application as a continuation-in-part
- Acknowledge the duty to disclose material information
- Cover the new subject matter introduced in the CIP
- Be signed by all inventors, including any new inventors added due to the new subject matter
It’s important to ensure that the new oath or declaration complies with all requirements of 37 CFR 1.63 to avoid potential issues during prosecution.
To learn more: