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
- Novelty Grace Period for U.S. Industrial Design Applications
- Features of the U.S. invention patent application process
- How long is the protection period of the US invention patent application
- What are the requirements for US design application documents
- Is it possible to apply for a combined appearance in a U.S. industrial design application?
- How long is the deadline for US industrial design application
- Is the U.S. industrial design application convertible?
- How long does it take for a US invention patent application to be granted?
- Features of the U.S. design patent application process