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[UVAgal4]

Hi everyone.
Just wondering if when filing a new application it is required to state whether there are any other applications pending by same inventor/applicant.
Not continuations, divisions, etc, but totally seperate things that just happen to be by the same inventor.
And duty of disclosure wouldn't extend to other pending applications by same inventor would it?

I mean, say for example inventor files an application for A (memory array), and then files another application for B (sense amplifier). What if you could use A with B, but also separately? Would it be necessary to state when filing application B, that there is another application A?

Then if something needs to be disclosed for A (say, from a foreign office) it wouldn't need to be disclosed for B, would it?
(again, assuming they are totally separate applications).
Thanks.

[klaviernista]

There is no per se rule requiring an applicant to disclose to disclose (in all instances) applications filed by the same inventor and/or assignee.  Indeed, if that were the case IBM (which files thoudsands of applications per year) would have a very large IDS budget.

That being said, the U.S. duty of disclosure does require an applicant to disclosue information material to the patentability of an invention claimed in a U.S. application and which is known to any party affiliated with the prosecution of the U.S. application.  Thus, for example, if application A and application B are not related as a continuation/divisional/CIP, the U.S. duty of disclosure would still require them to be cross cited in the USPTO if either of their respective disclosures and/or claims would be relevant to the patentability of the other application.  That is, if application A is relevant to the patentability of application B's claims (could be a double patenting issue, not just a prior art issue), than the apps should be cross cited. 

The same standard applies to foreign cases.  If a foreign application/patent is relevant to the patentability of a U.S. application, the foreign app must be cross cited in the U.S. app.  Note that the U.S. courts have virtually mandated the cross citation of foreign applications (and the art cited therein), if such foreign applications are part of the same famility as a corresponding U.S. application.

"say for example inventor files an application for A (memory array), and then files another application for B (sense amplifier). What if you could use A with B, but also separately? Would it be necessary to state when filing application B, that there is another application A?"
I'm not an EE, so I cannot comment on how closely related apps A abd B are.  On their face, they seem unrelated, and so the duty of disclosure would likely not require their cross-citation.

[patentsusa]

Hi everyone.
Just wondering if when filing a new application it is required to state whether there are any other applications pending by same inventor/applicant.
Not continuations, divisions, etc, but totally seperate things that just happen to be by the same inventor.

Take a look at Dayco Prods., Inc. v. Total Containment, Inc., 329 F.3d 1358, 1367 (Fed. Cir. 2003);
McKesson Information Solutions, Inc. v. Bridge Med., Inc., 487 F.3rd 897 (Fed. Cir. 2007);
and Larson Manufacturing Co. v. Aluminart Prods. Ltd., 559 F.3d 1317 (Fed. Cir. 2009) and draw your own conclusions. 

The McKesson case involved two applications that were not from the same priority family as a third application. 

I would say that the McKesson court went too far in invalidating a patent, but I am not a Federal Circuit judge.