Duty of Disclosure and Consistency Requirements for Statements to PTO and Other Government Agencies

Summary

This practice note covers the duty of candor and good faith (often referred to as the duty of disclosure) in communications with the Patent and Trademark Office (PTO) and includes examples of how the duty applies in the life sciences context. This practice note discusses the PTO’s 2022 Notice explaining the responsibilities of parties submitting papers to the PTO. Life sciences attorneys must understand the duty of candor and good faith because the failure to satisfy the duty can have dire consequences, including but not limited to a holding of patent unenforceability.