What are the consequences of failing to disclose material information from litigation?

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 disclose material information from litigation can have serious consequences, as highlighted in MPEP 2001.06(c). The MPEP cites a significant case:

“See Critikon, Inc. v. Becton Dickinson Vascular Access, Inc., 120 F.3d 1253, 1258-59, 43 USPQ2d 1666, 1670-71 (Fed. Cir. 1997) (patent held unenforceable due to inequitable conduct based on patentee’s failure to disclose a relevant reference and for failing to disclose ongoing litigation).”

Consequences of failing to disclose material information from litigation may include:

• The patent being held unenforceable due to inequitable conduct
• Allegations of fraud or violation of the duty of disclosure
• Potential loss of patent rights
• Damage to the applicant’s credibility before the USPTO

It’s crucial for applicants to err on the side of disclosure to avoid these severe consequences and maintain the integrity of the patent examination process.