Does the duty to disclose apply to organizations?
No, the duty to disclose does not apply to organizations as entities. The MPEP explicitly states: “The duty of disclosure applies only to individuals, not to organizations. For instance, the duty of disclosure would not apply to a corporation or institution as such.” However, it’s important to note that while organizations themselves don’t have a…
Read MoreWhen does the duty to disclose information end?
The duty to disclose information does not end when an application becomes allowed but extends until a patent is granted. According to 37 CFR 1.56(a): “The duty to disclose information exists with respect to each pending claim until the claim is cancelled or withdrawn from consideration, or the application becomes abandoned.” The MPEP further clarifies…
Read MoreWhat are the notification requirements for prior or concurrent proceedings in a reissue application?
In a reissue application, the applicant has a continuing duty to notify the USPTO of any prior or concurrent proceedings involving the patent for which reissue is requested. This requirement is outlined in 37 CFR 1.178(b), which states: “In any reissue application before the Office, the applicant must call to the attention of the Office…
Read MoreWhat is the duty to disclose information in reexamination or supplemental examination proceedings?
In reexamination or supplemental examination proceedings, there is a duty to disclose information material to patentability. According to MPEP 1418: “The duty to disclose information material to patentability in reexamination proceedings … is based on 37 CFR 1.555(a) and (b). In addition, for supplemental examination proceedings, 37 CFR 1.620(c) imposes a duty on the patent…
Read MoreHow does the duty to disclose apply to information from foreign patent offices?
The duty to disclose extends to information from foreign patent offices. MPEP 1418 states: “Any information required to be disclosed pursuant to this section … based on the results of any foreign search or examination report, may be submitted as part of a reply to an Office action and need not be submitted as a…
Read MoreWhat is considered ‘material’ information in a patent file wrapper?
‘Material’ information in a patent file wrapper refers to data that is significant to the patentability of an invention. While MPEP 724.01 does not provide a specific definition, it emphasizes the importance of such information by stating that It is the intent of the Office that the patent file wrapper be as complete as possible…
Read MoreWhat are the requirements for a new oath or declaration in a continuation-in-part application?
A new oath or declaration is required for a continuation-in-part (CIP) application, and it must acknowledge the duty to disclose information material to patentability as defined in 37 CFR 1.56. MPEP 602.02 states: ‘A new oath or declaration is required in a continuation-in-part application, which includes subject matter not disclosed in the prior nonprovisional application.…
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