Does the duty to disclose apply to organizations?
No, the duty to disclose does not apply to organizations as entities. The MPEP explicitly states:
“The duty of disclosure applies only to individuals, not to organizations. For instance, the duty of disclosure would not apply to a corporation or institution as such.”
However, it’s important to note that while organizations themselves don’t have a duty to disclose, individuals within those organizations may still be bound by this duty. The MPEP further clarifies:
“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.”
Therefore, while a company itself doesn’t have a duty to disclose, its employees who are substantively involved in the patent application process do have this duty.
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