Can the actions of individuals affect the rights of their employer in patent matters?
Yes, the actions of individuals can affect the rights of their employer in patent matters. The MPEP explicitly states:
“However, it would apply to individuals within the corporation or institution who were substantively involved in the preparation or prosecution of the application, and actions by such individuals may affect the rights of the corporation or institution.”
This means that while the duty to disclose applies to individuals and not to organizations, the actions (or inactions) of employees who are substantively involved in the patent process can have consequences for their employer. For example, if an employee fails to disclose material information, it could potentially lead to the invalidation of the patent, affecting the rights of the corporation or institution that owns the patent.
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