Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Individuals covered by 37 CFR 1.56 must disclose information about copending U.S. patent applications that are “material to patentability” of the application in question. This includes:
- Identification of pending or abandoned applications filed by at least one of the inventors or assigned to the same assignee
- Applications that disclose similar subject matter
- Prior art references from one application that are material to patentability of another application
The MPEP emphasizes: [T]he applicant has the burden of presenting the examiner with a complete and accurate record to support the allowance of letters patent.
It’s important to note that examiners cannot be assumed to be aware of all related applications, so applicants must bring this information to their attention.
To learn more:
Topics:
MPEP 2000 – Duty Of Disclosure,
MPEP 2001.06 – Sources Of Information Under 37 Cfr 1.56,
Patent Law,
Patent Procedure