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

Sexual Orientation A...

This program focuses on asylum claims based on sexual orientation, addressing the unique clinical, c...

Brand Rent and 4 Oth...

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

DEI - Legal or Illeg...

Prior to the Supreme Court’s 2023 affirmative action decision, some predicted that this ruling...

Identifying and Miti...

This program provides attorneys with a practical examination of how legal, regulatory, and liability...

U Visa Petitions: Le...

This program provides attorneys with a comprehensive framework for incorporating psychosocial evalua...

AI Agents in Your Fi...

AI agents and generative AI tools are rapidly entering law firm workflows, including legal research,...

Freedom of Informati...

During this course, we will go over your rights under the Freedom of Information Act (FOIA) and Priv...

Complying with the M...

This course will provide a detailed overview of the Medicare Secondary Payer act as well as provide ...

Latest Trends in Bid...

Learn about the best strategies and tactics to file bid protests at the agency level, U.S. Governmen...

Federal Employment L...

This course will provide an update for practitioners on U.S. federal employment law, exploring the T...