How does the USPTO view the duty of disclosure?
The United States Patent and Trademark Office (USPTO) takes a very serious view of the duty of disclosure. According to the MPEP Section 2001.05: “The USPTO holds those individuals subject to this duty to the highest standards.” This statement underscores the importance the USPTO places on candor and good faith in dealing with the Office.…
Read MoreWhen is there no duty to disclose information to the USPTO?
According to the MPEP Section 2001.05, there is generally no duty to disclose information to the United States Patent and Trademark Office (USPTO) when: The information is clearly cumulative to information already of record or being made of record in the application, or The information is clearly not material. The MPEP states: “Generally, when information…
Read MoreWhat is considered material information under 37 CFR 1.56(b)?
According to 37 CFR 1.56(b), information is material to patentability when: It is not cumulative to information already of record or being made of record in the application, and It either: Establishes, by itself or in combination with other information, a prima facie case of unpatentability of a claim; or Refutes, or is inconsistent with,…
Read MoreWhat is the “broadest reasonable construction” in patent claims?
The “broadest reasonable construction” is a principle used in patent examination when interpreting patent claims. According to the MPEP Section 2001.05, this principle is applied when establishing a prima facie case of unpatentability: “A prima facie case of unpatentability is established when the information compels a conclusion that a claim is unpatentable under the preponderance…
Read MoreWhat is a prima facie case of unpatentability?
A prima facie case of unpatentability is a crucial concept in patent law. The MPEP Section 2001.05 defines it as follows: “A prima facie case of unpatentability is established when the information compels a conclusion that a claim is unpatentable under the preponderance of evidence, burden-of-proof standard, giving each term in the claim its broadest…
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