What are the consequences of violating the duty of disclosure?
Violating the duty of disclosure can have severe consequences. The MPEP states:
“No patent will be granted on an application in connection with which fraud on the Office was practiced or attempted or the duty of disclosure was violated through bad faith or intentional misconduct.”
Furthermore, the MPEP emphasizes that:
“A finding of ‘fraud,’ ‘inequitable conduct,’ or violation of duty of disclosure through bad faith or intentional misconduct with respect to any claim in an application or patent, renders all the claims thereof unpatentable or invalid.”
This means that a violation of the duty of disclosure can result in the rejection of an entire patent application or the invalidation of an issued patent. It’s crucial for applicants and their representatives to take this duty seriously and disclose all material information to the USPTO.
To learn more: