What are the consequences of failing to comply with the Duty of Disclosure?

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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. Failing to comply with the Duty of Disclosure can have severe consequences for patent applicants and their representatives. According to MPEP 2016 , non-compliance can result in: Rejection or invalidation of the patent Unenforceability of the patent due to inequitable conduct Disciplinary action against registered patent practitioners Criminal penalties in cases of fraud The USPTO states: “Where the claims in an application are rejected, or the application is abandoned, and it is clear that the failure to disclose was knowing and intentional, the Office may issue an Order to Show Cause why a practitioner’s registration should not be suspended or excluded.” It’s crucial for all parties involved in the patent application process to take the Duty of Disclosure seriously to avoid these potential consequences. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Fraud, Inequitable Conduct, or Duty of Disclosure Violation Invalidates All Claims MPEP 2016 Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 AIA Amends Duty to Disclose Errors Without Deceptive Intent MPEP 2000 Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Fraud or Inequitable Conduct Invalidates All Claims MPEP 2016 Fraud, Inequitable Conduct, or Violation of Duty of Disclosure Invalidates All Claims MPEP 2016 Inequitable Conduct Renders Patent Unenforceable Regardless of Claim Affected MPEP 2016 Prohibited Inequitable Conduct Affects All Claims MPEP 2016 Duty to Disclose Material Information to USPTO MPEP 2000 Other Related FAQs 5 FAQs Collapse What is the rationale behind the &#8...