What are the consequences of failing to comply with the Duty of Disclosure?
Failing to comply with the Duty of Disclosure can have severe consequences for patent applicants and their representatives. According to MPEP 2016, non-compliance can result in:
- Rejection or invalidation of the patent
- Unenforceability of the patent due to inequitable conduct
- Disciplinary action against registered patent practitioners
- Criminal penalties in cases of fraud
The USPTO states: “Where the claims in an application are rejected, or the application is abandoned, and it is clear that the failure to disclose was knowing and intentional, the Office may issue an Order to Show Cause why a practitioner’s registration should not be suspended or excluded.”
It’s crucial for all parties involved in the patent application process to take the Duty of Disclosure seriously to avoid these potential consequences.
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
Patent Law,
Patent Procedure