Apply for a US patent-Submit IDS

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Release time:2016-09-13

1. Concept: It means that the inventor and patentee have the obligation to honestly inform the examiner of the US Patent Office in the form of IDS during the application process in the United States. Before and during the application, they know important information related to the application, including the existing technology that has been listed in the patent specification, so as to assist the examiner of the US Patent Office in examining.

 

2、IDS提交的的时间

1) The inventor and patentee shall submit IDS within 3 months after knowing the prior art related to the patent;

2) When applying for a patent for the same invention in a country other than the United States, when the patent office of another country issues an examination opinion pointing out the relevant existing technology, the IDS shall be submitted within 3 months after the official publication of the above examination opinion;

3) The responsibility for filing IDS continues until the patent application is rejected or the patent is licensed.

 

3, patent application does not submit IDS consequences.

1) If the inventor or patentee knows that certain prior art will affect the novelty of the patent and thus conceals that the prior art has not been honestly submitted to the U.S. Patent Office, the U.S. Patent Office will not take any action in the application procedure.

2) When the patentee uses his patent right to sue others in a U.S. court, if the U.S. court or the respondent finds that there is a problem with the filing of IDS in the patent application process, the patentability of the patent will be affected.