On July 29, 2022, the U.S. Patent and Trademark Office (USPTO) issued a Notice in the Federal Register clarifying the duty of disclosure that may keep patent practitioners up at night. The Notice reminds applicants of the duties of disclosure and “reasonable inquiry” for proceedings before the USPTO or Patent Trial and Appeal Board (PTAB).It is an outgrowth of President Biden’s 2021 Executive Order on Promoting Competition in the American Economy, in which the acting U.S. Food and Drug Administration (FDA) Commissioner wrote to the acting USPTO Director highlighting numerous areas in which the USPTO and FDA could work together to reduce drug costs.
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