Duty of Disclosure
In the United States, inventors and their patent agents or attorneys are required by law to submit any references they are aware of to the United States Patent and Trademark Office that may be material to the patentability of the claims in a patent application they have filed. The patent examiner will then determine if the references qualify as "prior art" and may then take them into account when examining the patent application. If the attorney/agent or inventor fails to properly disclose the potentially relevant references they are aware of, then a patent can be found invalid for inequitable conduct.
Japan also has a duty of disclosure.
Australia has abolished its duty of disclosure with regard to the results of documentary searches by, or on behalf of, foreign patent offices, except where:
- (a) normal exam was requested before April 22, 2007,
- (b) the foreign patent office search issued before April 22, 2007, and
- (c) acceptance (allowance) was officially advertised before July 22, 2007.
Read more about this topic: Prior Art
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