Can failure to disclose material information affect patent validity?
Yes, failure to disclose material information can significantly affect patent validity. If it is discovered that an applicant or their representative knowingly withheld material information during the patent application process, it could lead to charges of inequitable conduct and potentially render the patent unenforceable.
While MPEP 2001.03 does not explicitly discuss the consequences of failing to disclose, it emphasizes the importance of the duty: “37 CFR 1.56(a) states that the ‘duty of candor and good faith’ is owed ‘in dealing with the Office’ and that all associated with the filing and prosecution of a patent application have a ‘duty to disclose to the Office’ material information.” Violating this duty can have severe repercussions on patent validity and enforceability.
To learn more: