Why doesn’t the USPTO investigate duty of disclosure issues during patent examination?

The USPTO does not investigate duty of disclosure issues during patent examination for several reasons: Lack of appropriate tools: The USPTO lacks the necessary tools to effectively deal with these complex issues. Sensitive nature: Duty of disclosure and inequitable conduct are sensitive matters with potential significant impact on a patent. Judicial doctrine: Inequitable conduct is…

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Who is responsible for disclosing information to the USPTO?

According to MPEP 2002.01, the responsibility for disclosing information to the United States Patent and Trademark Office (USPTO) can fall on several parties: Attorneys or agents of record Pro se inventors (inventors representing themselves) Other individuals who disclose information to the attorney, agent, or inventor The MPEP states: “37 CFR 1.56(d) makes clear that information…

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Who owes the duty of disclosure to the USPTO?

The duty of disclosure is owed by all individuals associated with the filing and prosecution of a patent application. This includes inventors, patent attorneys, and anyone else involved in the patent application process. According to MPEP 2001.03, “37 CFR 1.56(a) states that the ‘duty of candor and good faith’ is owed ‘in dealing with the…

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Who is subject to the Duty of Disclosure?

The Duty of Disclosure applies to several parties involved in the patent application process. According to MPEP 2001, the following individuals are subject to this duty: The inventor(s) The attorney or agent who prepares or prosecutes the application Every other person who is substantively involved in the preparation or prosecution of the application and who…

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Who has the duty to disclose information to the USPTO?

The duty to disclose information to the United States Patent and Trademark Office (USPTO) applies to various individuals involved in the patent application process. While the specific MPEP section provided doesn’t elaborate on this, it’s generally understood that this duty extends to: Inventors Patent attorneys or agents representing the applicant Anyone substantively involved in the…

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Who has the duty of disclosure in reexamination proceedings?

According to MPEP 2014, the individuals who have a duty of disclosure in reexamination proceedings are: The patent owner Each attorney or agent representing the patent owner Every other individual who is substantively involved on behalf of the patent owner in the reexamination proceeding As stated in 37 CFR 1.555(a): “The individuals who have a…

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When should material information be disclosed in patent term extension proceedings?

Material information should be disclosed promptly in patent term extension proceedings. The MPEP 2762 provides clear guidance on the timing: “All such individuals who are aware, or become aware, of material information adverse to a determination of entitlement to the extension sought, which has not been previously made of record in the patent term extension…

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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.…

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