What are the consequences of withholding material information from the USPTO?

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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. Withholding material information from the USPTO while providing it to other government agencies can lead to serious consequences, including findings of inequitable conduct. The MPEP 2015 cites a relevant case: “In Bruno Independent Living Aids, Inc. v. Acorn Mobility Services, Ltd., 394 F.3d 1348, 1354, 73 USPQ2d 1593, 1598 (Fed. Cir. 2005), the U.S. Court of Appeals for the Federal Circuit inferred intent to deceive and found inequitable conduct occurred when an official involved in both the FDA and the USPTO submissions chose to disclose material prior art to the FDA but not to the USPTO.” Such actions can result in the invalidation of patents and potential legal sanctions. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Duty to Disclose Material Information to USPTO MPEP 2000 Duty to Disclose Material Information to USPTO MPEP 2000.01 Duty to Disclose Material Information MPEP 2000 Duty to Disclose Material Information MPEP 2000.01 Duty to Disclose Material Information MPEP 2000.01 Statements to Government Agencies Must Be Consistent MPEP 2015 Recommended Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Individuals Must Disclose Material Information MPEP 2000 AIA Amends Duty to Disclose Errors Without Deceptive Intent MPEP 2000 Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Other Related FAQs 5 FAQs Collapse What are the implications of deliberately suppressing material information in patent proceedings? What are the duties of disclosure and reasonable inquiry in dealings with other government agencies? How does market testing and commercialization information relate to patent disclosures? How d...