Avoiding Consequences for Noncompliance with New PTO Rules Requiring Coordination of Submissions to Government Agencies

29 Oct , 2024

To register for the upcoming live webinar, please Click Here

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.

 

To register for the upcoming live webinar, please Click Here

More Webcasts

Brand Rent and 4 Oth...

Trademark doctrine was built for a marketplace that no longer exists, leaving practitioners to litig...

Export Controls Comp...

What are the left and rights limits, penalties, and best practices for export controls under Interna...

Real Lessons for Law...

This program, conducted by a seasoned litigation and trial lawyer, will emphasize what litigators ca...

The Changing Landsca...

Over the past year, the Patent Trial and Appeal Board (PTAB) has undergone a dramatic policy shift r...

Generative AI for Li...

Explore the transformative potential of generative AI in modern litigation. “Generative AI for...

Complex Trauma in Cr...

This program explores the impact of complex trauma on criminal defendants through a developmental an...

Cybersecurity Compli...

This course analyzes federal contractor cyber security obligations under the Federal Acquisition Reg...

Rethinking Harm in C...

This program introduces psychosocial evaluations as a valuable tool in civil litigation, particularl...

First Amendment/Expr...

The Protections and Limits of the First Amendment when it comes to Expressive Conduct. This PowerPoi...

Digital Organization...

Decentralized Autonomous Organizations (DAOs) and other digital-native structures have moved from ni...