The Enhanced Duty Of Candor Before The Patent Office

Law360, New York (April 24, 2013, 12:05 PM EDT) -- All patent applicants know of the duty of candor that is required to practice before the U.S. Patent and Trademark Office. This duty compels applicants to provide information material to the patentability of patent applications to the USPTO for review during examination. Few, however, may know of a provision found in the Manual of Patent Examining Procedure (MPEP) that arguably broadens this duty.

MPEP 2001.06(c) requires the disclosure of information from related litigation: “Where the subject matter for which a patent is being sought is or...
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