What are the consequences of failing to disclose material information from copending applications?

What are the consequences of failing to disclose material information from copending applications? Failing to disclose material information from copending applications can have serious consequences. According to MPEP 2001.06(b): “The examiner, and by inference the applicant, is charged with knowledge of the existence of the copending application.” This means that if material information from a…

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What is the presumption of validity for patents?

Every issued patent is presumed to be valid under U.S. patent law. This presumption is explicitly stated in MPEP 1701: “Every patent is presumed to be valid. See 35 U.S.C. 282, first sentence.” This presumption of validity is a fundamental principle in patent law. It means that in any legal proceeding challenging a patent’s validity,…

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