As recently reported by a number of others (see Patently-O), the US Patent Office is requiring a change to a document called a “Declaration” that every inventor must sign.
A Declaration is basically a form where the inventor swears that they are in fact the inventor and they have disclosed all information (other patents, publications, etc.) related to the patentability of their invention. Our old form included this statement:
“material to examination in accordance with 1.56(a).�
 The USPTO is now requiring this statement:
“acknowledges the duty to disclose to the Office all information known to the person to be material to patentability as defined in § 1.56.�
Now, as a practical matter, no inventor understands what this means (in either case) and inevitably they ask “what do need to do” to which we respond “tell us about all publications or uses of your invention”. Our response is broader than is required, but lets face it, the phrase “material to invention” is subject to debate even among patent attorneys. Does the patent office really expect an inventor to truly understand and comply?
I’m sure someone at the USPTO spent a great deal of time (and taxpayers dollars) reviewing this statement, devising different ways of phrasing it, and then finally forcing it through the incredible bureaucracy that the USPTO has become. Unfortnately, it is unlikely to truly make a difference to the inventors who have to comply (though the opposing attorneys who later litigate the patent will have a field day with it).
Thus, it is a distinction without a difference…. or as the Romans would say “A Ornamentum Vacuus A Distinctus”
IHA
BTW…my assistant thinks that “A Ornamentum Vacuus A Distinctus” would make a great saying over IHA’s family shield. I’m not sure if that was a complement…Hummm