What is the duty of disclosure in patent applications?
The duty of disclosure is a fundamental obligation in patent law, as outlined in 37 CFR 1.56. It requires that:
“Each individual associated with the filing and prosecution of a patent application has a duty of candor and good faith in dealing with the Office, which includes a duty to disclose to the Office all information known to that individual to be material to patentability as defined in this section.”
This duty ensures that the USPTO has all relevant information when examining a patent application, promoting the public interest and effective patent examination.
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2001.04 - Information Under 37 Cfr 1.56(A),
Patent Law,
Patent Procedure