The Importance of Disclosing Material Information in the Patent Process
You may ask whether obtaining a patnet is a complex process. The answer is it is a complex process. It requires careful attention to detail. It requires full transparency. That is why it is important to speak with a patent attorney as soon as possible to make sure you are properly and fully disclosing our invention. As provided in 37 CFR 1.56, those involved in the filing and prosecution of a patent application have a duty of candor and good faith in dealing with the US Patent and Trademark Office (USPTO). Applicant's must disclose all information known to be material to the patentability of the claimed invention. This duty extends to each pending claim until the claim is cancelled, withdrawn, or the application becomes abandoned. The purpose of 37 CFR 1.5 is to ensure that the USPTO has all of the necessary information to properly evaluate the patentability of the claimed invention. A patent is a legal monopoly granted to the inventor. As such, the public has an interest that the patent examination process is thorough and transparent. When fully disclosing their invention to the USPTO, applicants can help to ensure that the patent granted is a true reflection of the invention and its novelty. In addition to disclosing information that establishes or refutes the patentability of a claim, applicants SHOULD review prior art cited in search reports carefully because it will help to inform you. This includes prior art of foreign patent offices and any information that is closely related to the claims being made. This can help to identify any potential issues with the patentability of the claimed invention and allow the applicant to address them before the application is granted. It's important to note [...]