What is the duty of disclosure regarding prior art cited in copending 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. The duty of disclosure extends to prior art cited in copending applications. MPEP 2001.06(b) states: “The examiner, and by inference the applicant, is charged with knowledge of the existence of the copending application.” This implies that applicants have a duty to disclose relevant prior art from copending applications. Specifically: Prior art cited by examiners in copending applications should be disclosed Prior art submitted in Information Disclosure Statements (IDS) for copending applications should be considered for disclosure Any prior art that is material to patentability in the copending application may also be material to the current application It’s important to review prior art from copending applications carefully and disclose any references that could be material to patentability. This ensures compliance with the duty of disclosure under 37 CFR 1.56 and helps maintain the integrity of the patent examination process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Copending Applications Must Be Disclosed to Examiner MPEP 2001.06(b) Prohibited Information from Copending Applications Required MPEP 2001.06(b) Copending Applications Must Be Disclosed to Examiner MPEP 2001.06(b) Copending US Patent Applications Must Be Disclosed MPEP 2001.06(b) Duty to Disclose Material Information MPEP 2000 Disclosure of Copending Applications Required MPEP 2001.06(b) Required AIA Amends Duty to Disclose Errors Without Deceptive Intent MPEP 2000 Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 O...