Who has a duty to disclose information material to patentability?

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.

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Topics: MPEP 2000 - Duty Of Disclosure, MPEP 2002 - Disclosure — By Whom And How Made, Patent Law, Patent Procedure
Tags: Duty To Disclose, material information, patentability, USPTO