What are the Information Disclosure Statement (IDS) requirements for international design applications?

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.

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.