How does the duty of disclosure apply to information in foreign counterpart applications?

How does the duty of disclosure apply to information in foreign counterpart applications?

The duty of disclosure extends to information in foreign counterpart applications. MPEP 2001.06(b) states:

“The examiner, and by inference the applicant, is charged with knowledge of the existence of the copending application.”

This principle applies to foreign counterpart applications as well. Applicants must disclose:

• Search reports from foreign patent offices
• Prior art cited in foreign applications
• Office actions or communications from foreign patent offices
• Any other material information from foreign counterpart applications

Failure to disclose such information could be considered a violation of the duty of disclosure under 37 CFR 1.56. It’s important to keep track of all foreign counterpart applications and ensure that any material information is promptly disclosed to the USPTO.

To learn more:

• foreign counterpart applications
• duty of disclosure
• material information
• foreign patent offices
• search reports