How can applicants meet the duty of disclosure requirement?
Applicants can meet the duty of disclosure requirement by submitting information to the USPTO in the manner prescribed by 37 CFR 1.97 and 1.98. The MPEP states:
“37 CFR 1.56 provides that the duty of disclosure can be met by submitting information to the Office in the manner prescribed by 37 CFR 1.97 and 1.98.”
This typically involves submitting an Information Disclosure Statement (IDS) that lists all known material information. The MPEP further advises:
“The Office encourages applicants to carefully examine: (1) prior art cited in search reports of a foreign patent office in a counterpart application, and (2) the closest information over which individuals associated with the filing or prosecution of a patent application believe any pending claim patentably defines, to make sure that any material information contained therein is disclosed to the Office.”
By following these guidelines, applicants can ensure they are meeting their duty of disclosure obligations.
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