How does the duty to disclose apply to information from foreign patent offices?
The duty to disclose extends to information from foreign patent offices. MPEP 1418 states:
“Any information required to be disclosed pursuant to this section … based on the results of any foreign search or examination report, may be submitted as part of a reply to an Office action and need not be submitted as a separate paper.”
This means that patent owners must disclose relevant information from foreign patent offices, such as search reports or examination results. This information can be included in responses to USPTO office actions rather than requiring a separate submission. It’s important to note that this duty applies to information that is material to patentability, regardless of its origin.
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