Does the duty of disclosure apply to proceedings before the Patent Trial and Appeal Board?
Yes, the duty of disclosure applies to proceedings before the Patent Trial and Appeal Board (PTAB). The obligation to disclose material information extends beyond interactions with patent examiners and includes all dealings with the United States Patent and Trademark Office (USPTO).
MPEP 2001.03 explicitly states: “For example, the duty would extend to proceedings before the Patent Trial and Appeal Board and the Office of the Commissioner for Patents.” This means that individuals involved in PTAB proceedings must continue to uphold their duty of candor and good faith, disclosing any material information relevant to the patentability of the invention under consideration.
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2001.03 - To Whom Duty Of Disclosure Is Owed,
Patent Law,
Patent Procedure