What is the duty of disclosure regarding prior art cited in copending applications?

What is the duty of disclosure regarding prior art cited in copending applications?

The duty of disclosure extends to prior art cited in copending 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 implies that applicants have a duty to disclose relevant prior art from copending applications. Specifically:

• Prior art cited by examiners in copending applications should be disclosed
• Prior art submitted in Information Disclosure Statements (IDS) for copending applications should be considered for disclosure
• Any prior art that is material to patentability in the copending application may also be material to the current application

It’s important to review prior art from copending applications carefully and disclose any references that could be material to patentability. This ensures compliance with the duty of disclosure under 37 CFR 1.56 and helps maintain the integrity of the patent examination process.

To learn more:

• prior art
• copending applications
• duty of disclosure
• Information Disclosure Statement
• material to patentability