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Is a patent applicant obligated to disclose prior art references to the USPTO, even if the references are adverse to the patent applicant's position?

7/26/2017

 
Although there is no legal duty to search, MPEP 2000 states that each individual associated with the filing and prosecution of a patent application, supplemental examination, or patent reexamination has a duty to disclose to the Office all information known to that individual to be material to patentability.  Thus, if you do perform a search yielding material prior art (even if the prior art discovered is adverse to the applicant's position), it must be disclosed to the USPTO.

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