How should information from AIA trial proceedings be disclosed to patent examiners?

Question

Accepted Answer

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. Information from AIA trial proceedings, such as inter partes reviews, post-grant reviews, and covered business method reviews, should be disclosed to patent examiners through an Information Disclosure Statement (IDS). The MPEP 2001.06(c) states: “In particular, material information that is raised in trial proceedings that is relevant to related applications undergoing examination should be submitted on an Information Disclosure Statement for the examiner’s consideration.” This ensures that examiners have access to relevant information from these proceedings that may be material to the patentability of pending related applications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Material Information from Related Litigation Must Be Disclosed MPEP 2001.06(c) Recommended Material Information From Related Litigation Must Be Disclosed MPEP 2001.06(c) Required Information From Related Litigation Must Be Disclosed MPEP 2001.06(c) Details From Related Litigation Must Accompany Reissue Application MPEP 2001.06(c) Recommended Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 PTAB Trials Yield Material Information for Related Applications MPEP 2001.06(c) Disclosure of Related Litigation for Reissue Application MPEP 2001.06(c) Required Disclosure of Related Litigation Required for Reissue Application MPEP 2001.06(c) Recommended Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Other Related FAQs 5 FAQs Collapse What are the consequences of failing to disclose material information from litigation? How should ongoing litigation be disclosed during the...