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.…
Read MoreWhat does ‘duty of candor and good faith’ mean in patent law?
The ‘duty of candor and good faith’ in patent law refers to the obligation of individuals involved in the patent application process to be honest and forthcoming in their dealings with the United States Patent and Trademark Office (USPTO). MPEP 2001.03 cites 37 CFR 1.56(a), which states that the “duty of candor and good faith”…
Read MoreWhat is the duty of candor when correcting errors in patent applications?
While the “deceptive intent” language has been removed from the law for applications filed on or after September 16, 2012, applicants still have a duty to exercise candor and good faith in all dealings with the USPTO. The MPEP 2011 states: “Even though the ‘deceptive intent’ language has been removed from the law, applicants still…
Read MoreWhat is the duty of disclosure in patent term extension proceedings?
The duty of disclosure in patent term extension proceedings refers to the obligation of candor and good faith towards the USPTO, the Secretary of Health and Human Services, and the Secretary of Agriculture. This duty applies to the patent owner, their agent, attorneys, and anyone substantially involved in the patent term extension process. According to…
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