How long does the Duty of Disclosure last?
The Duty of Disclosure is an ongoing obligation that extends throughout the entire patent application process and beyond. According to MPEP 2001, the duty continues until the patent is granted or the application is abandoned.
Specifically, the MPEP states: “The duty to disclose all information known to be material to patentability is deemed to be satisfied if all information known to be material to patentability of any claim issued in a patent was cited by the Office or submitted to the Office in the manner prescribed by §§ 1.97(b)-(d) and 1.98.”
However, it’s important to note that even after a patent is granted, if material information that should have been disclosed during the application process is discovered, it may still affect the enforceability of the patent. Therefore, it’s crucial to maintain vigilance and disclose any newly discovered material information promptly.
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