What types of foreign information should be disclosed to the USPTO?

According to MPEP 2001.06(a), the types of information from foreign applications that should be disclosed to the USPTO include: Material prior art cited in related foreign applications Other information brought to the attention of the applicant in any related foreign application The MPEP specifically states: “The inference that such prior art or other information is…

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What sources of information are covered by the duty of disclosure under 37 CFR 1.56?

The duty of disclosure under 37 CFR 1.56 covers all material information that individuals are aware of, regardless of the source. This includes information from: Co-workers Trade shows Communications with competitors or potential infringers Related foreign applications Prior or copending U.S. patent applications Related litigation and post-grant proceedings Preliminary examination searches Information related to regulatory…

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Who is responsible for disclosing prior art from foreign applications?

According to MPEP 2001.06(a), the responsibility for disclosing prior art from foreign applications extends to “Applicants and other individuals, as set forth in 37 CFR 1.56.” This includes: Inventors Patent attorneys or agents Every person substantively involved in the preparation or prosecution of the application It’s important to note that this responsibility extends to foreign…

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Can a patent examiner request information about related foreign applications?

Can a patent examiner request information about related foreign applications? Yes, a patent examiner can request information about related foreign applications. The Manual of Patent Examining Procedure (MPEP) 704.11 states: ‘Copies of any non-patent literature, published application, or patent (U.S. or foreign) which has been relied upon to draft the claims or cited in the…

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Can an examiner request information about related foreign applications under MPEP 704.10?

Yes, under MPEP 704.10, an examiner can request information about related foreign applications. This is particularly relevant for ensuring a comprehensive examination and understanding the global patent landscape for the invention. The MPEP states: ‘The examiner may require the submission… of such information as may be reasonably necessary to properly examine or treat the matter.’…

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Can an examiner require information about foreign applications under MPEP 704.10?

Can an examiner require information about foreign applications under MPEP 704.10? Yes, an examiner can require information about foreign applications under MPEP 704.10. This authority extends to requesting details about related foreign patent applications and their prosecution history. The MPEP specifically states: “Information which may be required includes … copies of, or information about, foreign…

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What is Electronic Priority Document Exchange (PDX)?

Electronic Priority Document Exchange (PDX) is a system that allows for the electronic transmission of priority documents between participating foreign intellectual property offices. As stated in MPEP 215.01: Electronic Priority Document Exchange (PDX) agreements provide for the electronic transmission of priority documents to and from participating foreign intellectual property offices. This system streamlines the process…

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