What should be considered when dealing with foreign applicants or applications?
When dealing with foreign applicants or applications:
- Ensure foreign clients understand the requirements of the duty of disclosure
- Review information disclosure statements from foreign applicants carefully
- Be cautious with translations and partial disclosures of foreign references
- Consider prior art cited in corresponding foreign applications
MPEP 2004 states: “It is also important that an attorney or agent make sure that foreign clients, including foreign applicants, attorneys, and agents understand the requirements of the duty of disclosure, and that the U.S. attorney or agent review any information disclosure statements or citations to ensure that compliance with 37 CFR 1.56 is present.”
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2004 - Aids To Compliance With Duty Of Disclosure,
Patent Law,
Patent Procedure