information disclosure statement This is a topic that many people are looking for. bluevelvetrestaurant.com is a channel providing useful information about learning, life, digital marketing and online courses …. it will help you have an overview and solid multi-faceted knowledge . Today, bluevelvetrestaurant.com would like to introduce to you Patenting for Inventors Podcast Ep. 24 – How to Prepare the Information Disclosure Statement. Following along are instructions in the video below:
” re listening to the patenting for inventors podcast with a registered patent attorney. Dr. Adam adam diamonds founder of diamond patent law the number one source for securing your intellectual needs now here s your host. Adam diamonds.
Hello and welcome to the patenting for inventors podcast. Episode. 24. How to prepare an information disclosure statement.
My name is dr. Adam diamond. A registered patent attorney and founder and owner of diamond patent law in los angeles california. And i can be contacted through my website at patenting for inventors com.
That s patenting fo. Our inventors com. Or you can call me at four two four two eight one zero. One six two and while most attorneys can only practice and stay through they re members of that state s bar patent attorneys are actually allowed to practice patent law in any state.
So feel free to contact me regardless of where you live so far. We ve covered how to prepare a utility application and a design application to submit it to the patent office before you submit it though there are few other documents that are either required or highly recommended that you file some of these are an information disclosure statements and application data sheets a declaration and a power of attorney. If you re going to have a patent attorney do the filing for you in this episode. I m going to go through the information disclosure statement.
It s also called an ids for short if you remember from the episode on patent searches. I told you there s no requirement that you do a patent search before you file a patent application the patent office does its own search. But if you have done a search and you re aware of similar things that are out there that might impact whether you could get a patent for your invention. Then you have to disclose that information to the patent office and that s what the information disclosure.
Statement is for the rule is that you must disclose anything material to patentability. And this has been determined to mean any information that a reasonable examiner would be substantially likely to consider important in deciding whether to allow an application to issue as a patent. If it ever comes out that you knew of something and didn t disclose that knowledge to the patent office your patent can become unenforceable. So just don t hide anything the chances are is that the patent office is going to find it anyways especially if it s a patent application.
But even if it s not don t hide it just list. It it s pretty easy to fill if you go to the uspto website and look for their forms. Just search for the information disclosure statement. Its form sb.
0. 8a on this form. If you re filling out the ids at the time that you re filing the application. Then you won t have an application number.
So you can leave that box blank for the application number and the filing date and the examiner name and art unit. Because you don t have these yet fill out your name as the first named inventor. There s a box for an attorney docket. Number.
That s just a number that an attorney or you can make up one yourself to keep track of your application. If your name is smith you can give the attorney docket number as smith 2018. It doesn t really matter you can leave a blank. If you want the next section is called us patents.
If what you re citing is an issued patent not an application. But an actual issued patent that might be material for the patentability of your invention. You put in that patent number you ll see two columns to the left of the patent number and that s the examiner initial and site number. But you don t fill that in that s for the examiner.
The column to the right of the patent number says kind code. If you look at the top of the patent document that you want to cite you ll usually see a letter and maybe a number right next to the patent. Number for example b2. Is the kind code for a patent that was published as an application design patents have the kind code of just the letter s.
It s not important for you to know what each kind code is just look at the patent that you want to cite in the google search and enter in that code in that column the next column is the issue date. The issue date is the date the patent got issued there might be a few dates listed on the patent such as the filing date or other dates. You don t want to put those in you just want to put in the issue date. The next column is the name of the patentee or applicants of cited documents.
You can just put in the last name of the first inventor of the applicants. You don t need to list everyone the last column says pages columns lines where relevant passages or relevant figures. Appear. If there s a particular place in the patent that really relates to your invention.
You could put that in there. But most of the time leave that blank or write in the word entire in the web based form you can click the add button to add more patents. If you want to cite more patents once you re done with the us patent section. Go to the next section.
Which is the us patent application publications. You put references here of application publications. Not issued patents now some of these may have turned in patents later. But the document you re citing here is the application publication the numbering of a publication is a little weird.
Because there s an application number and a publication number you re referring to the same thing. But you re supposed to put in the publication. Number the publication number we ll start with the year so things that are published in 2018. We ll start with 2 0 1.
8. And then there s 7 more digits. If you see something that starts with two numbers and a slash that s the application number not the publication number so don t put that in there. Then you fill in the columns.
The same as the patent columns and you can click add on the form to add more the next section is the foreign patent documents section. If something may be materially relevant to the patentability of your invention and it s a foreign patent or foreign patent application. Then you should put it in this section. You fill in all on the columns.
The same as you do the other ones. There s a column called country code. And you have to know and fill that in each country is a two letter code. The us is us france is fr brazil as br.
You ll have to find the code for the country. Just do a google search for us patent country codes. And you should find a link to list all the countries in the codes. One helpful wants to remember is the code for a pct application.
Which is an international application. There s no country associated with these types of applications. But the country code is wo. Which stands for world intellectual property organization on the far right you ll see a column that says t with a superscript.
5. And a check box there s a rule that you actually have to submit the document. If it s a foreign patent document to the patent office and if it s in a foreign language. You have to submit a translation.
So keep all these documents as pdfs and submit them when you file your application check. The box here. If you are submitting the foreign documents in a translation of it if it s in a foreign language. The next section are non patent literature documents these could be websites scientific journal articles or anything.
That isn t a patent document. It says exactly how to cite. It with the author s name title of the article journal. Name and a bunch of other stuff.
You also have to include those documents and a check box saying that you ve submitted them at the very bottom you ll see a section that says examiner signature and date considered don t fill those out that s for the examiner to fill out the next page is the certification statement. There are a bunch of rules on when you re allowed to submit and in disclosure. Statement and if you have to pay money when you do it and different scenarios might apply. It s the easiest if you just file an ids when you file your application.
If that s the case check the box that says. A certification statement is not submitted herewith. I ll go over the other scenarios in a moment. But if you re filing this at the time of filing just check that one box print your name sign your name and date it the registration.
Number is only if you re a patent attorney or agent. If you re not a patent attorney your agent just leave that blank so what are all these other boxes. I thought about going through all these boxes and all the scenarios. Everyone you have to check.
Which box. And when you have to pay fees. But i wanted to keep this episode on the simple side so i m not going to go into all these details. Because i think would just be confusing and not really relevant to the individual inventor.
That is filing an application for the first time. Especially if you re filing. The information disclosure statement. When you file your application.
You don t have to pay fees. If you file. The information disclosure statement. Within three months of your filing date or before the first office action.
Whichever is later so you could have up to another 12 months or more to file. It since the first office action can often take more than twelve months all those other boxes are if you find out about references. Later either through a foreign patent office or you just found out about a new reference on your own. But it s pretty late in the game the patent office doesn t like it when it s in the middle of examining your patent application and then all of a sudden.
You say oh here by the way here s something else you should know about you re still required to submit something when you find out about it even after you file your patent application up until it issues. But you have to make some statement about when you found out about this reference and you might have to pay some fee. If you re presenting it to the patent office on the late side. It s not a huge amount of money for a small inventor currently it s either 120 dollars or 60 depending on your income.
So don t hold back if you find out about a new reference that the ” ..
Thank you for watching all the articles on the topic Patenting for Inventors Podcast Ep. 24 – How to Prepare the Information Disclosure Statement. All shares of bluevelvetrestaurant.com are very good. We hope you are satisfied with the article. For any questions, please leave a comment below. Hopefully you guys support our website even more.