* 1. Question: Assuming that you know of non-cumulative prior art that is materially related to your pending patent application, would you be committing an ethical violation by failing to submit the reference to the PTO?

* 2. How does your answer change if you learned of the prior art only after receiving a notice of allowance?

* 3. Situation: Assume that you learn of material, non-cumulative prior art after receiving a notice of allowance, but before the patent issues. The in-house patent attorney demands that you to pay the issue fee and not submit the reference.

Question: What do you do?

  Strongly Disagree Unsure Strongly Agree
Go ahead and file an IDS with the reference (against the clients orders).
Report the in-house attorney to the USPTO Office of Enrollment & Discipline (OED).
Advise the client of the duty of candor.
Withdraw your firm from the case.
Follow the client's orders.

* 4. Situation: Assuming that you receive a package labeled "PRIOR ART RELATED TO PENDING CASE NO 11/XXX,XXX." Your firm handles that pending case.

Question: May you ethically leave the package unopened?

* 5. Following the above question: Assume you open the package and find material, non-cumulative prior art along with a claim chart linking each element of the pending claims are found in the references.

Question: Are you ethically required to submit the claim chart to the PTO?

* 7. Your position (Check all that apply):

* 8. Area of business or technology

* 9. OPTIONAL: Feel free to provide your contact information.