The USPTO conducts formal and substantive examinations of patent applications. The substantive examination starts automatically, and the applicant does not need to submit a separate substantive examination request. The applicant is obliged to disclose through the Information Disclosure Statement (IDS) details of information that has an impact on the patentability of the invention, 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.
- An additional official fee is 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
- US Invention Patent Application Authorization and Annual Fee Instructions
- US design authorization and annual fee instructions
- How long does it take to authorize an industrial design in the United States?
- Whether the US invention patent application can be DAS
- How long is the protection period of the US invention patent application
- Is it possible to apply for a combined appearance in a U.S. industrial design application?
- How long is the protection period of American industrial design?
- Novelty Grace Period for U.S. Invention Patent Application
- Is a US design application eligible for DAS?
- Features of the U.S. invention patent application process