What are the consequences of withholding material information from the USPTO?
Withholding material information from the USPTO while providing it to other government agencies can lead to serious consequences, including findings of inequitable conduct. The MPEP 2015 cites a relevant case:
“In Bruno Independent Living Aids, Inc. v. Acorn Mobility Services, Ltd., 394 F.3d 1348, 1354, 73 USPQ2d 1593, 1598 (Fed. Cir. 2005), the U.S. Court of Appeals for the Federal Circuit inferred intent to deceive and found inequitable conduct occurred when an official involved in both the FDA and the USPTO submissions chose to disclose material prior art to the FDA but not to the USPTO.”
Such actions can result in the invalidation of patents and potential legal sanctions.
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2015 - Duties Of Disclosure And Reasonable Inquiry Arise In Dealings With Other Government Agencies,
Patent Law,
Patent Procedure