What are the consequences of late disclosure of information to the USPTO?

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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. Late disclosure of information to the USPTO can have several consequences: Reduced patent strength: The MPEP notes, The presumption of validity is generally strong when prior art was before and considered by the Office and weak when it was not. This suggests that late disclosure may weaken the patent’s presumption of validity. Potential patent term adjustment reduction: As per 37 CFR 1.704(d)(1) , late submission of information may affect patent term adjustment. Possible ethical implications: Failing to disclose known material information could be seen as a violation of the duty of disclosure. It’s important to note that the USPTO emphasizes prompt submission of information, stating that the issue fee has been paid is no reason or excuse for failing to submit information. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Duty to Disclose Material Information to USPTO MPEP 2000 Fee Requirement for Information Disclosure Statement MPEP 2003 Required Duty to Disclose Material Information MPEP 2000 AIA Amends Duty to Disclose Errors Without Deceptive Intent MPEP 2000 Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Individuals Must Disclose Material Information MPEP 2000 Fee Requirement for Late Filing of Information Disclosure Statement MPEP 2003 Information Disclosure Statement Must Be Filed Before Issue Fee MPEP 2003 Required Other Related FAQs 5 FAQs Collapse What is an Information Disclosure Statement (IDS) in patent prosecution? How does timely disclosure of information affect patent va...