What are the consequences of failing to notify the USPTO of prior or concurrent proceedings?
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 notify the USPTO of prior or concurrent proceedings can have serious consequences. According to MPEP 1418:
“Failure to notify the Office of any prior or concurrent proceeding may result in sanctions under 37 CFR 11.18.”
These sanctions can include disciplinary action against the patent practitioner or the patent owner. Additionally, failure to disclose material information could potentially render the patent unenforceable due to inequitable conduct. It’s crucial for patent owners and their representatives to comply with this notification requirement to maintain the integrity of the patent and avoid legal complications.