How should applicants disclose information that refutes or is inconsistent with their patent application?
Applicants have a duty to disclose information that refutes or is inconsistent with positions taken in their patent application. According to MPEP 2011: “Applicants should disclose to the USPTO any information that refutes, or is inconsistent with, a position the applicant takes in: (i) opposing an argument of unpatentability relied on by the Office, or…
Read MoreHow does the USPTO handle inconsistent information between an ADS and other documents?
The USPTO has specific rules for handling inconsistent information between an Application Data Sheet (ADS) and other documents: Generally, the most recent submission will govern. For foreign priority or domestic benefit claims, the most recent ADS will govern. Inventorship and inventor names are governed by 37 CFR 1.41 and 1.48. When submitted simultaneously, the ADS…
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