What are the recommended practices for maintaining records during patent prosecution?

What are the recommended practices for maintaining records during patent prosecution?

The MPEP provides several recommendations for maintaining records during patent prosecution:

  • Separate files: Keep separate files for each item of information known to be material to patentability.
  • Document explanations: Record explanations of relevance for each item.
  • Track submissions: Note which items have been submitted to the Office and which have not.
  • Maintain copies: Keep copies of each item submitted to the USPTO.
  • Record dates: Note the date each item becomes known.

The MPEP states: “It is desirable to record the date and circumstances under which it became known.” (MPEP 2004)

These practices help ensure compliance with the duty of disclosure and facilitate the preparation of information disclosure statements.

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Topics: MPEP 2000 - Duty Of Disclosure, MPEP 2004 - Aids To Compliance With Duty Of Disclosure, Patent Law, Patent Procedure
Tags: duty of disclosure, Information Management, patent prosecution, Record Keeping