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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Duty to Disclose Material Information MPEP 2000 Information from Copending Applications Required MPEP 2001.06(b) Individuals Must Disclose Material Information MPEP 2000 Duty to Disclose Material Information to USPTO 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 Copending US Applications Material to Patentability MPEP 2001.06(b) Permitted Copending Applications Must Be Disclosed to Examiner MPEP 2001.06(b) Prohibited Disclosure of Copending Applications Required MPEP 2001.06(b) Required AIA Amends Duty to Disclose Errors Without Deceptive Intent MPEP 2000 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 should invento...