What is the duty of disclosure regarding copending United States patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Individuals covered by 37 CFR 1.56 have a duty to bring to the attention of the examiner information about other copending United States applications that are “material to patentability” of the application in question. This includes: Providing identification of pending or abandoned applications filed by at least one of the inventors Applications assigned to the same assignee that disclose similar subject matter Applications that are not otherwise identified in the current application As stated in MPEP 2001.06(b) : “[T]he applicant has the burden of presenting the examiner with a complete and accurate record to support the allowance of letters patent.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Applicant Must Provide Complete and Accurate Record for Patent Allowance MPEP 2001.06(b) Information from Copending Applications Required MPEP 2001.06(b) Disclosure of Copending US Applications Material to Patentability MPEP 2001.06(b) Permitted Copending Applications Must Be Disclosed to Examiner MPEP 2001.06(b) Prohibited Disclosure of Copending Applications Required MPEP 2001.06(b) Required Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Copending Applications Must Be Disclosed to Examiner MPEP 2001.06(b) Copending US Patent Applications Must Be Disclosed MPEP 2001.06(b) Individuals Must Disclose Copending Applications MPEP 2001.06(b) Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Other Related FAQs 5 FAQs Collapse How should information from copending applications be cited to the examiner? What are the consequences of failing to disclose material information about copending applications? What are th...