Can patent examiners be expected to remember details of every pending file?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, patent examiners cannot be expected to remember details of every pending file. This is emphasized in the case of Armour & Co. v. Swift & Co. , as quoted in MPEP 2001.06(b) : “[W]e think that it is unfair to the busy examiner, no matter how diligent and well informed he may be, to assume that he retains details of every pending file in his mind when he is reviewing a particular application.” This underscores the importance of applicants and their representatives in providing complete and accurate information to the examiner during the patent examination process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Not Expected to Memorize All Applications MPEP 2001.06(b) Permitted Applicant Must Provide Complete and Accurate Record for Patent Allowance MPEP 2001.06(b) Information from Copending Applications Required MPEP 2001.06(b) Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Disclosure of Closest Information to Office MPEP 2001 Requirement for Post-Sept. 16, 2012 Patent Applications MPEP 2001 Copending US Patent Applications Must Be Disclosed MPEP 2001.06(b) Disclosure of Copending US Applications Material to Patentability MPEP 2001.06(b) Permitted Other Related FAQs 5 FAQs Collapse How should information from copending applications be cited to the examiner? What are the consequences of failing to disclose material information about copending applications? What are the consequences of failing to disclose material information from copending applications? What should inventors...