Questions tagged [duty-of-disclosure]

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Requirement to submit newly found prior art after Notice of Allowance or Issue Fee Payment?

In the US, a duty of disclosure to submit information material to patentability extends until the patent is granted. This means that the duty still applies after notice of allowance (NoA) and after ...
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2 votes
3 answers
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How long does the US duty of disclosure last?

37 CFR 1.56 says: The duty to disclose information exists with respect to each pending claim until the claim is cancelled or withdrawn from consideration, or the application becomes abandoned. ...
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Do you need to file Information Disclosure Statements for US Provisional Apps?

I would assume no based on the following from 37 CFR 1.56(a): The duty to disclose information exists with respect to each pending claim until the claim is cancelled or withdrawn from consideration,...
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3 votes
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Forgotten Prior Art - IDS

If I forget and/or cannot relocate a reference that would otherwise be required in an information disclosure statement (IDS) under duty of disclosure, are there potential inequitable conduct issues ...
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Burying prior art/achieving broad presumption of validity via IDS

Are there any consequences for disclosing "too many" references in an information disclosure statement (IDS)? For example, one may do this to bury a damning reference, overwhelm the examiner so that ...
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