The USPTO conducts formality examination and substantive examination of the design application, and the substantive examination starts automatically. The applicant does not need to submit a separate request for substantive examination, and can only submit one claim. The applicant is obliged to disclose through the Information Disclosure Statement (IDS) details of information that has an impact on the patentability of the design, including but not limited to prior art, publications, sales records, etc. This obligation extends to the announcement of the grant of the patent or the withdrawal of the patent application. Failure to disclose significant prior art may result in the patentee being unable to enforce the underlying patent.
- No official fee is required if the IDS is filed within three months from the filing date or before the first office action is issued.
- Additional official fees are payable if the information cited in the IDS appeared in a foreign patent application three months before the filing of the IDS, or if the applicant or the applicant's representative completed the invention three months ago.
USPTO
English: United States Patent and Trademark Office, abbreviation: USPTO
Website: www.uspto.gov
US invention patent search: Patent Public Search | USPTO
yes
yes. If the appearance of the designs embodying the same design concept is similar, the combined design may be submitted in one design application.
2-3 years
no
yes
Filing Language: English
Necessary documents:
- Exterior Design Picture (Six Views)
- A Brief Description
Attachments (if any):
- Certified Priority Document
- Power of Attorney
- Certified Priority Document
- small entity declaration
- inventor statement
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
- IDS Form/IDS Document/prior art
Reinstatement of the right of priority on the grounds of "unintentional" is accepted and subject to payment of the right of priority restoration fee.
15 years
If the disclosure is caused by the inventor or the information source of the discloser is the inventor; or if the disclosure occurs again after being disclosed by the above-mentioned subject, the patent enjoys a novelty grace period within 12 months before the filing date/priority date.