What is the duty of candor when correcting errors in patent applications?
While the “deceptive intent” language has been removed from the law for applications filed on or after September 16, 2012, applicants still have a duty to exercise candor and good faith in all dealings with the USPTO. The MPEP 2011 states:
“Even though the ‘deceptive intent’ language has been removed from the law, applicants still have a duty to exercise candor and good faith in all dealings with the Office. When an error is discovered, applicant should take steps to ensure that the error is corrected as soon as possible.”
This means that when an applicant becomes aware of any error or misrepresentation in their application, they should promptly inform the USPTO and take steps to correct it. This duty extends to all information that may be material to patentability, including information that refutes or is inconsistent with positions taken by the applicant in the application process.
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