How should information from related foreign patent applications be handled?
Information from related foreign patent applications, particularly prior art cited or used in rejecting claims, must be brought to the attention of the U.S. Patent and Trademark Office. The MPEP states:
“Applicants and other individuals, as set forth in 37 CFR 1.56, have a duty to bring to the attention of the Office any material prior art or other information cited or brought to their attention in any related foreign application. 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 requirement applies to both applicants and their representatives, including foreign patent attorneys. Failure to disclose such information could lead to a patent being held invalid or unenforceable.
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