Problems Solved & Avoided

Duty of Disclosure

At Panitch Schwarze Belisario & Nadel LLP, we proactively address intellectual property issues related to our clients’ Duty of Disclosure. 

Under the Duty of Disclosure, the USPTO requires applicants to disclose any publicly available information, known as “prior art,” which may be relevant to the patent application. Compliance with this duty strengthens a patent by placing all known relevant patents and publications in front of the Examiner. 

Since there is a presumption that the Examiner has determined that an allowed application is different than each of the patents and publications submitted, this lessens the potential for such patents and publications to later be used against our clients’ patents in litigation.

Further, failure to comply with the Duty of Disclosure could result in an assertion of Inequitable Conduct against our clients, which can have consequences as severe as invalidation of the entire patent.

At Panitch Schwarze Belisario & Nadel LLP, we actively work with clients to disclose any relevant information to the USPTO, whether found through searches, related U.S. applications, counterpart applications in foreign countries, or any other means.

To learn more about how Panitch Schwarze Belisario & Nadel LLP intellectual property lawyers can help you, contact us.

Contact Us

By checking this box, I agree to the terms and conditions outlined on our Disclaimer page.
Email Disclaimer

Sending an email to our office does not create an attorney-client relationship, and none will be formed unless there is an expressed agreement between the firm and the client. Thus, we strongly advise against sending confidential or privileged information to us until you can establish such a relationship. Furthermore, we advise against sending privileged or confidential information through email at all, since we can in no way ensure the security of your email. In fact, neither this website nor the email system involved is encrypted, so you should not assume that your email is confidential. We cannot guarantee that someone else will not see it.

Do you agree to this Email Disclaimer?

I Agree I Do Not Agree