Intellectual Property » Enhanced Duty Of Candor Before The PTO

Enhanced Duty Of Candor Before The PTO

November 4, 2013

Kalinsky_Final

The duty of candor before the U.S. Patent and Trade Office is well understood. Less well understood is a provision in the Manual of Patent Examining Procedure that arguably broadens that duty by requiring the disclosure of litigation that is “related” to the patent. Determining what is related, and exactly what must be disclosed, can be a challenge.

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