What are the consequences of failing to disclose material information from copending applications?

What are the consequences of failing to disclose material information from copending applications?

Failing to disclose material information from copending applications can have serious consequences. According to MPEP 2001.06(b):

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

This means that if material information from a copending application is not disclosed, it could be considered a violation of the duty of disclosure. Consequences may include:

• Rejection of the application
• Invalidation of an issued patent
• Charges of inequitable conduct
• Potential disciplinary action against the patent practitioner

It’s crucial to err on the side of disclosure to avoid these potential pitfalls and maintain the integrity of the patent process.

To learn more:

• copending applications
• material information
• duty of disclosure
• consequences
• patent validity