When you file a patent application, the client and his agents/attorneys have an ongoing duty to disclose all material references that they are aware of to the USPTO -- even if those references are adverse to the client's own position in getting their patent issued. Why have this requirement? Most of law is inter partes (adversarial) -- where one party is fighting another. The assumption is that in an adversarial proceeding, the judge will get to fairly hear both sides of the argument.
Patent prosecution, by contrast, is ex parte. That is to say, it s just one side presenting their case to the judge -- who in this case, happens to be the patent examiner. There is no advocate present during these proceedings to represent the the public's interest in not having the patent issued. For this reason, patent applicants (and their agents/attorneys) have this increased burden, which continues until the patent issues.
The IDS is a form that is used to identify and disclose such material references to the USPTO. If you don't disclose such references, and you later try to enforce the patent, the alleged infringer can try to get your patent rendered unenforceable due to your inequitable conduct (specifically, failing to disclose material references to the USPTO during patent prosecution).
Patent prosecution, by contrast, is ex parte. That is to say, it s just one side presenting their case to the judge -- who in this case, happens to be the patent examiner. There is no advocate present during these proceedings to represent the the public's interest in not having the patent issued. For this reason, patent applicants (and their agents/attorneys) have this increased burden, which continues until the patent issues.
The IDS is a form that is used to identify and disclose such material references to the USPTO. If you don't disclose such references, and you later try to enforce the patent, the alleged infringer can try to get your patent rendered unenforceable due to your inequitable conduct (specifically, failing to disclose material references to the USPTO during patent prosecution).
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