This course is designed to alert patent practitioners with the PTO rules on the “Duty of Disclosure and Reasonable Inquiry” as clarified by the PTO’s notice in Vol. 87 (No. 145) of the Federal Register (July 29, 2022). This course will also address the dire consequences for violating these rules. Most importantly, the course will outline procedures for ensuring that patent practitioners and their clients follow these rules, and thus prevent any PTO investigations and findings of inequitable conduct in subsequent litigation.
Accordingly, the rules, as clarified, state that patent practitioners have an affirmative duty to conduct a reasonable investigation (“duty of inquiry”) to ensure that all statements to the PTO and other government agencies are consistent (“duty of disclosure”). These requirements are particularly pertinent when prosecuting patents that cover a drug, biologic or medical device that require FDA approval. The duty of inquiry requires that statements made to the PTO must be evaluated to ensure they are consistent with statements to the FDA or any other government agency, such as the EPA or Department of Agriculture. Any failure can have adverse consequences to patent practitioners and their clients. After reviewing the rules and consequences for their possible violation, the course will enumerate various steps that should be taken by both patent and regulatory attorneys to ensure that the rules are not violated.
Decision making capacity and professional responsibility should be at the top of every attorney's li...
Explore the transformative potential of generative AI in modern litigation. “Generative AI for...
Food, sex, exercise – all may involve a variety of commonly enjoyed experiences that are healt...
Addressing the sensitive subjects of incapacity, death and health care are not either seamless or pa...
Bias and discrimination continue to shape workplace dynamics, legal practice, and professional respo...
Attorneys have begun to experience what can happen when safe, ethical and legal use of AI is not ado...
The always idiosyncratic Nassim Taleb likes to say, “Nothing is more permanent than ‘tem...
As the Holiday Season is upon us, the widely known “12 Days of Christmas” comes to mind ...
In today’s fast-evolving digital landscape, data privacy is no longer just a compliance checkb...
Join Steve Herman on December 8, 2025, for "Maintaining Ethical Standards: Essential Strategies for ...