How does the duty of disclosure apply to information in foreign counterpart applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The duty of disclosure extends to information in foreign counterpart applications. MPEP 2001.06(b) states: “The examiner, and by inference the applicant, is charged with knowledge of the existence of the copending application.” This principle applies to foreign counterpart applications as well. Applicants must disclose: Search reports from foreign patent offices Prior art cited in foreign applications Office actions or communications from foreign patent offices Any other material information from foreign counterpart applications Failure to disclose such information could be considered a violation of the duty of disclosure under 37 CFR 1.56 . It’s important to keep track of all foreign counterpart applications and ensure that any material information is promptly disclosed to the USPTO. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Individuals Must Disclose Material Information MPEP 2000 Duty to Disclose Material Information MPEP 2000 Information from Copending Applications Required MPEP 2001.06(b) Duty to Disclose Material Information to USPTO MPEP 2000 Copending Applications Must Be Disclosed to Examiner MPEP 2001.06(b) Prohibited Disclosure of Material Information Required for Patentability MPEP 2001 Requirement for Post-Sept. 16, 2012 Patent Applications MPEP 2001 Correction of Erroneous Material Information in Record Permitted Without Deceptive Intent MPEP 2000 Permitted Copending Applications Must Be Disclosed to Examiner MPEP 2001.06(b) AIA Amends Duty to Disclose Errors Without Deceptive Intent MPEP 2000 Other Related FAQs 5 FAQs Collapse How should information from copending applications be cited to the examiner? What are the consequences of failing to ...