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Duty of Disclosure

At Panitch Schwarze Belisario & Nadel LLP, we proactively address intellectual property issues related to our clients’ Duty of Disclosure. 

Under the Duty of Disclosure, the USPTO requires applicants to disclose any publicly available information, known as “prior art,” which may be relevant to the patent application. Compliance with this duty strengthens a patent by placing all known relevant patents and publications in front of the Examiner. 

Since there is a presumption that the Examiner has determined that an allowed application is different than each of the patents and publications submitted, this lessens the potential for such patents and publications to later be used against our clients’ patents in litigation.

Further, failure to comply with the Duty of Disclosure could result in an assertion of Inequitable Conduct against our clients, which can have consequences as severe as invalidation of the entire patent.

At Panitch Schwarze Belisario & Nadel LLP, we actively work with clients to disclose any relevant information to the USPTO, whether found through searches, related U.S. applications, counterpart applications in foreign countries, or any other means.

To learn more about how Panitch Schwarze Belisario & Nadel LLP intellectual property lawyers can help you, contact us.

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