What is the duty of disclosure regarding copending U.S. patent applications?
What is the duty of disclosure regarding copending U.S. patent applications?
The duty of disclosure regarding copending U.S. patent applications is outlined in MPEP 2001.06(b). It states:
“The individuals covered by 37 CFR 1.56 have a duty to bring to the attention of the examiner, or other Office official involved with the examination of a particular application, information within their knowledge as to other copending United States applications which are “material to patentability” of the application in question.”
This means that applicants, attorneys, and other individuals involved in the patent application process must disclose information about other pending U.S. patent applications that could affect the patentability of the current application. This duty helps ensure transparency and prevents potential conflicts or overlaps in patent claims.
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