Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[merkaba22]

What is the bar for establishing intentional failure to disclose a reference in prosecution?

What is the bar for showing/establishing that the reference cited in the prosecution of a first patent that shares the same parent application with a second patent (on similar subject matter) comprises “information already of record”?

[patentsusa]

It is a fraud type standard.  There has to be an intent to deceive the PTO.

What is the bar for establishing intentional failure to disclose a reference in prosecution?

What is the bar for showing/establishing that the reference cited in the prosecution of a first patent that shares the same parent application with a second patent (on similar subject matter) comprises “information already of record”?

[ChiefJRoberts]

It is a fraud type standard.  There has to be an intent to deceive the PTO.

What is the bar for establishing intentional failure to disclose a reference in prosecution?

What is the bar for showing/establishing that the reference cited in the prosecution of a first patent that shares the same parent application with a second patent (on similar subject matter) comprises “information already of record”?

also forgot the materiality requirement.

[khazzah]

What is the bar for showing/establishing that the reference cited in the prosecution of a first patent that shares the same parent application with a second patent (on similar subject matter) comprises “information already of record”?

I don't think "bar" is the right way to phrase this.

You want a Yes/No answer, right?

IS a reference cited in a common ancestor of the patent-in-suit "information already of record" [in the patent-in-suit]?