What are the duties of disclosure and reasonable inquiry in dealings with other government agencies?
Individuals with a duty to disclose or parties with a duty of reasonable inquiry must ensure consistency in statements made to the USPTO and other government agencies regarding claimed subject matter. The MPEP 2015 states:
“Each individual with a duty to disclose, or party with a duty of reasonable inquiry, should ensure that the statements made to the USPTO and other Government agencies, or any statements made on their behalf to other Government agencies regarding the claimed subject matter, are consistent.”
This requirement extends to material information provided to other agencies, such as the FDA, which should also be disclosed to the USPTO to maintain the integrity of the patent process.
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