What is the duty of disclosure regarding prior art cited in related foreign applications?

Applicants and other individuals involved in patent prosecution have a duty to bring to the attention of the USPTO any material prior art or other information cited or brought to their attention in any related foreign application. This duty is outlined in MPEP 2001.06(a) and 37 CFR 1.56.

The MPEP states:

“The inference that such prior art or other information is material is especially strong where it has been used in rejecting the same or similar claims in the foreign application or where it has been identified in some manner as particularly relevant.”

This means that prior art used in foreign rejections or identified as particularly relevant should be given special attention and disclosed to the USPTO.

To learn more:

• duty of disclosure
• foreign applications
• prior art
• material information
• USPTO