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.
- via Paris Convention : 6 months from earliest priority date.
- Hague Agreement route: 6 months from earliest priority date.
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
1-1.5 years
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
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.
yes
no
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
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.
- Grant fee: The applicant shall pay the granted registration fee within 3 months after receiving the notification of granted decision.
- Annuity: Three annual fees shall be paid in the 3.5th year, 7.5 years and 11.5 years from the date of granted, and the payment may be postponed within 6 months after the overdue period, but 25% of the annual fee of the current year shall be paid at the same time as a penalty.