What are some best practices for complying with the duty of disclosure?

The MPEP provides several helpful suggestions for complying with the duty of disclosure:

• Use letters and questionnaires to inform applicants about the duty of disclosure
• Use checklists to ensure compliance
• Ask questions about inventorship and best mode
• Carefully evaluate and explain the scope of claims, particularly the broadest claims
• Evaluate the materiality of prior art from the viewpoint of whether it is the closest prior art
• Review applications prepared by others, especially foreign applicants
• Submit information promptly, even after the issue fee has been paid

As stated in MPEP 2004: “While it is not appropriate to attempt to set forth procedures by which attorneys, agents, and other individuals may ensure compliance with the duty of disclosure, the items listed below are offered as examples of possible procedures which could help avoid problems with the duty of disclosure.”

To learn more:

• duty of disclosure
• patent application
• best practices
• compliance
• prior art