What is the Duty of Disclosure in patent law?

The Duty of Disclosure is a fundamental obligation in patent law that requires patent applicants and their representatives to disclose all known material information to the United States Patent and Trademark Office (USPTO) during the patent application process. This duty is outlined in MPEP 2000. The purpose of this duty is to ensure that the…

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What is the duty of disclosure in international design applications designating the United States?

The duty of disclosure in international design applications designating the United States is similar to that of domestic national applications. According to MPEP 2920.05(f), “the duty to disclose information material to patentability as defined in 37 CFR 1.56 is placed on individuals associated with the filing and prosecution of an international design application designating the…

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What should be considered when dealing with foreign applicants or applications?

When dealing with foreign applicants or applications: Ensure foreign clients understand the requirements of the duty of disclosure Review information disclosure statements from foreign applicants carefully Be cautious with translations and partial disclosures of foreign references Consider prior art cited in corresponding foreign applications MPEP 2004 states: “It is also important that an attorney or…

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What is the duty of disclosure regarding copending United States patent applications?

Individuals covered by 37 CFR 1.56 have a duty to bring to the attention of the examiner information about other copending United States applications that are “material to patentability” of the application in question. This includes: Providing identification of pending or abandoned applications filed by at least one of the inventors Applications assigned to the…

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Does the duty of disclosure apply to continuation-in-part applications?

Yes, the duty of disclosure applies to continuation-in-part (CIP) applications. The MPEP specifically addresses this situation: “In a continuation-in-part application, individuals covered by 37 CFR 1.56 have a duty to disclose to the Office all information known to be material to patentability which became available between the filing date of the prior application and the…

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