USPTO Has Not Seen ‘Deluge’ Of Inconsistent Statements From Applicants

Agency did not intend to ‘strong-arm or threaten’ anyone in its duty to disclose notice, patent office legal advisors say. Applicants should assess whether information required by FDA on new method of manufacturing or different formulation impacts patentability.

Consistency
USPTO attorneys note patent information that must be consistent with submissions to the FDA • Source: Shutterstock

US Patent and Trademark Office officials sought to tamp down industry concerns about a notice it issued advising patent applicants to ensure that the information they submit to the USPTO is consistent with what they have told the US Food and Drug Administration.

“What we were trying to do with this [notice] was not to try to strong-arm anybody or threaten anybody,” Matthew...

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