This Is Our “17 Seconds” Newsletter #148: 17 Seconds = Useful Info Quickly.
Each individual associated with the filing and prosecution of a patent application has a duty of candor and good faith when dealing with the U.S. Patent Office. This duty includes a duty to disclose all information known to each individual to be material to patentability of the claimed invention. This duty is deemed satisfied by filing an IDS. Although it is possible to satisfy this duty without filing an IDS, it is in your best interest to cite all material prior art, because when patents issue, the documents listed in the IDS are printed on the cover of the patent as “References Cited,” and there is a presumption that the patent’s claims are patentable over these references. If any person substantively involved in the filing and prosecution of the application becomes aware of additional information material to the patentability of the claimed invention, then that person has a duty to disclose this information to the USPTO to avoid loss of patent rights. This is a continuous duty that applies to each pending claim of the application.
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