How is the duty to disclose fulfilled in a patent application?
The duty to disclose is typically fulfilled by submitting an Information Disclosure Statement (IDS) to the USPTO. This document lists all known prior art and other information material to patentability. The process involves:
- Identifying relevant information
- Preparing the IDS form
- Submitting the IDS along with copies of non-U.S. patent documents
- Paying any required fees
The MPEP Section 2002 emphasizes that disclosure should be made to the Office promptly. It’s important to note that the duty of disclosure continues throughout the application process, and supplemental IDSs may be necessary if new material information is discovered.
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2002 - Disclosure — By Whom And How Made,
Patent Law,
Patent Procedure