What are the consequences of including derogatory remarks in a patent application?

Including derogatory remarks in a patent application can lead to objections or rejections from patent examiners. While the MPEP 608.01(r) doesn’t explicitly state the consequences, it clearly prohibits such remarks:

“The applicant … is not permitted to make derogatory remarks concerning the inventions of others.”

Consequences may include:

  • Objections to the specification
  • Requests to remove or modify the derogatory language
  • Potential delays in the patent examination process
  • In severe cases, it could affect the credibility of the application

To avoid these issues, focus on describing your invention’s merits without disparaging others’ work.

To learn more:

Topics: Patent Law, Patent Procedure
Tags: Derogatory Remarks, Mpep Guidelines, Patent Application Consequences, patent examination