What are the consequences of including derogatory remarks in a patent application?

Including derogatory remarks in a patent application can lead to objections or rejections from patent examiners. While the MPEP 608.01(r) doesn’t explicitly state the consequences, it clearly prohibits such remarks: “The applicant … is not permitted to make derogatory remarks concerning the inventions of others.” Consequences may include: Objections to the specification Requests to remove…

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Can I criticize prior art in my patent application?

No, you should avoid making derogatory remarks about prior art in your patent application. The MPEP 608.01(r) states: “The applicant may refer to the general state of the art and the advance thereover made by his or her invention, but he or she is not permitted to make derogatory remarks concerning the inventions of others.”…

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What are considered derogatory remarks in a patent specification?

According to MPEP 608.01(r), derogatory remarks in a patent specification are: “statements disparaging the products or processes of any particular person other than the applicant, or statements as to the merits or validity of applications or patents of another person.” This means you should avoid criticizing specific inventions, products, or patents of others in your…

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