What are the consequences of late disclosure of information to the USPTO?

Late disclosure of information to the USPTO can have several consequences:

• Reduced patent strength: The MPEP notes, The presumption of validity is generally strong when prior art was before and considered by the Office and weak when it was not. This suggests that late disclosure may weaken the patent’s presumption of validity.
• Potential patent term adjustment reduction: As per 37 CFR 1.704(d)(1), late submission of information may affect patent term adjustment.
• Possible ethical implications: Failing to disclose known material information could be seen as a violation of the duty of disclosure.

It’s important to note that the USPTO emphasizes prompt submission of information, stating that the issue fee has been paid is no reason or excuse for failing to submit information.

To learn more:

• Information Disclosure
• Patent Prosecution
• Prior Art
• USPTO
• Patent Validity