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
- Features of the U.S. design patent application process
- How long does it take for a US invention patent application to be granted?
- How long is the protection period of the US invention patent application
- Novelty Grace Period for U.S. Industrial Design Applications
- Is a US design application eligible for DAS?
- How long is the PCT period for US invention patent application?
- US design authorization and annual fee instructions
- What are the requirements for the US invention patent application documents
- How long does it take to authorize an industrial design in the United States?
- Whether the U.S. invention patent application can be type-converted