Patent Prosecution: USPTO Duty of Candor and Information Disclosure | Practical Law

Patent Prosecution: USPTO Duty of Candor and Information Disclosure | Practical Law

A Practice Note discussing a patent applicant's duty of candor and good faith before the US Patent and Trademark Office (USPTO), which includes the duty of disclosure. This Note discusses the duty and its requirements, material information, to whom the duty applies, types of violations, patent unenforceability, and guidance for filing information disclosure statements (IDS) and other compliance best practices. This Note also discusses ways to address potential violations in pending applications and issued patents.

Patent Prosecution: USPTO Duty of Candor and Information Disclosure

Practical Law Practice Note w-007-6291 (Approx. 22 pages)

Patent Prosecution: USPTO Duty of Candor and Information Disclosure

by Practical Law Intellectual Property & Technology
MaintainedUSA (National/Federal)
A Practice Note discussing a patent applicant's duty of candor and good faith before the US Patent and Trademark Office (USPTO), which includes the duty of disclosure. This Note discusses the duty and its requirements, material information, to whom the duty applies, types of violations, patent unenforceability, and guidance for filing information disclosure statements (IDS) and other compliance best practices. This Note also discusses ways to address potential violations in pending applications and issued patents.