What types of copending applications require disclosure under MPEP 2001.06(b)?
What types of copending applications require disclosure under MPEP 2001.06(b)?
MPEP 2001.06(b) requires disclosure of information from various types of copending United States patent applications. These include:
- Applications with a common inventor
- Applications owned by the same assignee
- Applications with overlapping subject matter
- Continuation applications
- Continuation-in-part applications
- Divisional applications
- Related applications in the same patent family
The MPEP 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.”
It’s important to note that this requirement applies to any copending U.S. application that contains material information, regardless of whether it’s in the same patent family or owned by the same entity. The key factor is whether the information in the copending application is material to the patentability of the application under examination.
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