What are the responsibilities of patent practitioners regarding information from other government agencies?
Patent practitioners have a responsibility to review and potentially disclose information received from other government agencies that may be material to patentability. The MPEP 2015 advises:
“Similarly, each individual with a duty to disclose, or party with a duty of reasonable inquiry, should review documents it receives from other Government agencies to determine whether the information should be submitted to the USPTO.”
This includes reviewing documents such as paragraph IV certifications and their accompanying detailed statements. Practitioners should assess whether such information is material to pending USPTO matters and disclose it accordingly to fulfill their duties of candor and good faith under USPTO regulations.
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