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.

Topics: MPEP 400 - Representative of Applicant or Owner, MPEP 410 - Representations to the U.S. Patent and Trademark Office, Patent Law, Patent Procedure
Tags: USPTO