Who has the duty to disclose material information to the USPTO?
The duty to disclose material information to the USPTO applies to several parties involved in the patent application process. According to MPEP 724: Inventors and others covered by 37 CFR 1.56(c) and 1.555 have a duty to disclose to the Office information they are aware of which is material to patentability. This duty extends to:…
Read MoreCan a suspended or excluded patent attorney or agent inspect patent applications?
No, a patent attorney or agent who has been suspended or excluded from practice by the USPTO cannot inspect patent applications, unless they are an inventor or applicant on that particular application. The MPEP states: USPTO employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended…
Read MoreShould patent attorneys or examiners be concerned about ‘[Reserved]’ sections like MPEP 212?
Patent attorneys and examiners generally do not need to be concerned about ‘[Reserved]’ sections like MPEP 212. These sections contain no substantive information and do not affect current patent examination procedures. However, it’s good practice to stay informed about MPEP updates in case reserved sections are filled with new content in the future.
Read MoreHow does MPEP 402.08 affect patent attorneys during derivation proceedings?
MPEP 402.08 has significant implications for patent attorneys involved in derivation proceedings. The key provision states: While an application is involved in an interference or derivation proceeding, any power of attorney of or revocation of power of attorney should be forwarded to the Patent Trial and Appeal Board for consideration. For patent attorneys, this means:…
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