How does the duty of disclosure apply to information in foreign counterpart applications?
How does the duty of disclosure apply to information in foreign counterpart applications? The duty of disclosure extends to information in foreign counterpart applications. MPEP 2001.06(b) states: “The examiner, and by inference the applicant, is charged with knowledge of the existence of the copending application.” This principle applies to foreign counterpart applications as well. Applicants…
Read MoreWhat should inventors do if they have different pending applications with similar subject matter?
If an inventor has different applications pending which disclose similar subject matter but claim patentably indistinct inventions, they must disclose the existence of these other applications to the examiner of each involved application. MPEP 2001.06(b) states: “For example, if a particular inventor has different applications pending which disclose similar subject matter but claim patentably indistinct…
Read MoreWhat are the consequences of failing to disclose material information from copending applications?
What are the consequences of failing to disclose material information from copending applications? Failing to disclose material information from copending applications can have serious consequences. According to MPEP 2001.06(b): “The examiner, and by inference the applicant, is charged with knowledge of the existence of the copending application.” This means that if material information from a…
Read MoreWhat are the consequences of failing to disclose material information about copending applications?
What are the consequences of failing to disclose material information about copending applications? Failing to disclose material information about copending applications can have serious consequences. While MPEP 2001.06(b) does not explicitly state the consequences, it’s important to understand the potential outcomes: Inequitable conduct: Failure to disclose material information could be considered inequitable conduct, which may…
Read MoreHow should information from copending applications be cited to the examiner?
How should information from copending applications be cited to the examiner? According to MPEP 2001.06(b), information from copending applications should be cited to the examiner in a specific manner: “The examiner should be informed of any material information from the other application. The manner in which such information is brought to the attention of the…
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