What information must be disclosed in reexamination proceedings?

In reexamination proceedings, individuals associated with the patent owner must disclose all information known to be material to patentability. According to MPEP 2014: “The duty to disclose the information exists with respect to each claim pending in the reexamination proceeding until the claim is cancelled. Information material to the patentability of a cancelled claim need…

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What information is considered material to patentability?

Information material to patentability is broadly defined in 37 CFR 1.56. It includes: Prior art such as patents and publications Information on enablement Possible prior public uses, sales, or offers to sell Derived knowledge Prior invention by another Inventorship conflicts Litigation statements As stated in the MPEP, “Materiality is not limited to prior art but…

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How long does the Duty of Disclosure last?

The Duty of Disclosure is an ongoing obligation that extends throughout the entire patent application process and beyond. According to MPEP 2001, the duty continues until the patent is granted or the application is abandoned. Specifically, the MPEP states: “The duty to disclose all information known to be material to patentability is deemed to be…

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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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