Who has a duty to disclose information material to patentability?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. According to 37 CFR 1.56 , individuals associated with the filing and prosecution of a patent application have a duty to disclose information material to patentability. This includes: The inventor(s) Each attorney or agent who prepares or prosecutes the application Every other person who is substantively involved in the preparation or prosecution of the application The MPEP states: “ Each individual associated with the filing and prosecution of a patent application has a duty of candor and good faith in dealing with the Office, which includes a duty to disclose to the Office all information known to that individual to be material to patentability as defined in this section. “ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Duty to Disclose Material Information MPEP 2000.01 Duty to Disclose Material Information to USPTO MPEP 2000 Duty to Disclose Material Information to USPTO MPEP 2000.01 Duty to Disclose Material Information MPEP 2000 Duty to Disclose Material Information MPEP 2000.01 Duty to Disclose Through Record-Keeping Agent MPEP 2002.01 Permitted Individuals Must Disclose Material Information MPEP 2000 AIA Amends Duty to Disclose Errors Without Deceptive Intent MPEP 2000 Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Other Related FAQs 5 FAQs Collapse How is the duty to disclose fulfilled in a patent application? What is considered &#8220;information material to patentability&#8221;? Can inventors disclose information directly to the USPTO? Are there any exceptions to the duty of disclosure to the USPTO? What is the role of attorneys or agents in disclosing information...