关于美国专利申请的IDS

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Time of issue:2017-02-17 15:16
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(Summary description)根据美国专利法细则37C.F.R1.56款，每一个参与专利申请的人都有义务向美国专利局披露与专利性有关的信息，只要还有权利要求在被审查，此义务就存在，如果对专利局或企图对专利局有欺骗行为，或不怀好意或故意违反信息披露义务，则不授与专利。而对于一件已授权的美国专利而言，如果专利权人在诉讼中被认定未履行信息披露义务(InformationDisclosureStatement;IDS)，则将导致该专利

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关于美国专利申请的IDS

Categories:最新消息
Author:
Origin:
Time of issue:2017-02-17 15:16
Views:

Information

　　根据美国专利法细则37 C.F.R 1.56款，每一个参与专利申请的人都有义务向美国专利局披露与专利性有关的信息，只要还有权利要求在被审查，此义务就存在，如果对专利局或企图对专利局有欺骗行为，或不怀好意或故意违反信息披露义务，则不授与专利。而对于一件已授权的美国专利而言，如果专利权人在诉讼中被认定未履行信息披露义务(Information Disclosure Statement; IDS)，则将导致该专利无法实施。

　　IDS通常包含三部分的文件，第一部分是揭露书，第二部分是美国专利编号1449的表格，第三部分是非美国专利案的资料副本。IDS是用来让申请人向美国专利局陈述相关的信息。1449表格分为两部分，第一部分是用来让申请人列出相关专利资料，第二部分是用来让申请人列出相关文献资料。

　　IDS何时提出?

　　提出美国国内申请的3个月内

　　国际申请进入美国国家阶段之日起3个月内

　　第一次实体OA下发之前

　　提出继续审查(RCE)之后，第一次OA下发之前

　　IDS不提交的后果

　　专利有效性将遭到质疑

　　专利可能会视为无法执行

　　美国代理可能因此丧失在USPTO继续代理工作的权利

　　在诉讼期间会增大成本

　　得到的是一件不稳定的、较弱的专利

　　在申请美国专利时，如果发明人、专利权人知道某些现有技术会影响专利的新颖性，从而隐瞒并未诚实地向美国专利局提交此现有技术，美国专利局在申请程序中并不会对此做出任何处分。但是当专利权人在美国法院中利用其专利权控告他人时，如果美国法院或者被诉方发现专利申请程序中提交IDS有问题时，此时就会影响专利的专利性。所以申请人还是如实公布和提交现有技术比较好，以免后续带来不必要的麻烦。

　　http://www.unitalenlaw.com/zhouxun2/zhouxun465/ltbl.htm

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Electronic Arts pledges free use for five accessibility patents

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