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…
Read MoreWhat is the duty of disclosure in patent applications?
The duty of disclosure is a fundamental obligation in patent law, as outlined in 37 CFR 1.56. It requires that: “Each individual associated with the filing and prosecution of a patent application has a duty of candor and good faith in dealing with the Office, which includes a duty to disclose to the Office all…
Read MoreWhat is the duty of disclosure in international design applications designating the United States?
The duty of disclosure in international design applications designating the United States is similar to that of domestic national applications. According to MPEP 2920.05(f), “the duty to disclose information material to patentability as defined in 37 CFR 1.56 is placed on individuals associated with the filing and prosecution of an international design application designating the…
Read MoreWhat is the duty of disclosure regarding prior art cited in related foreign applications?
Applicants and other individuals involved in patent prosecution have a duty to bring to the attention of the USPTO any material prior art or other information cited or brought to their attention in any related foreign application. This duty is outlined in MPEP 2001.06(a) and 37 CFR 1.56. The MPEP states: “The inference that such…
Read MoreDoes the duty of disclosure apply to continuation-in-part applications?
Yes, the duty of disclosure applies to continuation-in-part (CIP) applications. The MPEP specifically addresses this situation: “In a continuation-in-part application, individuals covered by 37 CFR 1.56 have a duty to disclose to the Office all information known to be material to patentability which became available between the filing date of the prior application and the…
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…
Read MoreHow does the duty of disclosure apply to foreign patent attorneys?
The duty of disclosure applies equally to foreign patent attorneys representing applicants for U.S. patents. This is clearly stated in MPEP 2001.06(a), which cites the Gemveto Jewelry Co. v. Lambert Bros., Inc. case: “Foreign patent attorneys representing applicants for U.S. patents through local correspondent firms surely must be held to the same standards of conduct…
Read MoreWhat are the duties of disclosure and reasonable inquiry in dealings with other government agencies?
Individuals with a duty to disclose or parties with a duty of reasonable inquiry must ensure consistency in statements made to the USPTO and other government agencies regarding claimed subject matter. The MPEP 2015 states: “Each individual with a duty to disclose, or party with a duty of reasonable inquiry, should ensure that the statements…
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