What to Know About the USPTO’s Duty of Candor Guidance Regarding FDA Submissions
Fish & Richardson Trademark & Copyright Thoughts
SEPTEMBER 16, 2022
The “‘reasonable inquiry’ may comprise reviewing documents that are submitted to or received from other Government agencies, including the FDA.” If, upon review, “any reviewed document is material to the patentability of a pending matter before the Office. the party has a duty to submit the information to the USPTO.”.
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