What is the duty of disclosure in patent applications?
What is the duty of disclosure in patent applications?
The duty of disclosure is a fundamental obligation in the patent application process. As outlined in MPEP 410:
“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.”
This duty requires applicants and their representatives to:
- Disclose all known material information
- Submit information disclosure statements (IDS)
- Update the USPTO with new material information throughout the application process
Failing to comply with the duty of disclosure can result in charges of inequitable conduct, which may render a patent unenforceable. It’s crucial for applicants to err on the side of disclosure when in doubt about the materiality of information.
For more information on USPTO, visit: USPTO.