What should inventors do if they have different pending applications with similar subject matter?
If an inventor has different applications pending which disclose similar subject matter but claim patentably indistinct inventions, they must disclose the existence of these other applications to the examiner of each involved application. MPEP 2001.06(b) states:
“For example, if a particular inventor has different applications pending which disclose similar subject matter but claim patentably indistinct inventions, the existence of other applications must be disclosed to the examiner of each of the involved applications.”
This requirement ensures that the examiner has a complete picture of related inventions and can properly assess patentability across all related applications.
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2001.06(B) - Information Relating To Or From Copending United States Patent Applications,
Patent Law,
Patent Procedure