Chapter 2000 Flashcards
Who does the Patent Office impose a duty of candor and good faith?
on every individual associated with the filing and prosecution of a patent application -
applicant
his representatives
attorneys/ patent agents assisting in the preparation or prosecution of the patent
How can an applicant or another party comply with his duty to disclose?
By submitting information to the Patent Office using an Information Disclosure Statement (IDS)
What is an IDS?
a concise written statement listing information, such as printed publication, technical journals, and other activities that may affect the patentability of pending application
Can an IDS be submitted with provisional and non-provisional applications?
No. It can only be submitted for non-provisional applications
Is there a fee associated with filing an IDS?
No, but if filed after a notice of allowance or a final rejection, then a fee is required
What happens if IDS is submitted after application fee has been paid?
It is impractical for the PO to consider newly submitted information, therefore , it will NOT be considered but will be placed in the application file
