Questions tagged [duty-of-disclosure]
The duty-of-disclosure tag has no usage guidance.
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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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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The duty to disclose information exists with respect to each pending claim until the claim is cancelled or withdrawn from consideration, or the application becomes abandoned.
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2
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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The duty to disclose information exists with respect to each pending claim until the claim is cancelled or withdrawn from consideration,...
3
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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 ...
4
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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 ...