What information must be disclosed under the Duty of Disclosure?
Under the Duty of Disclosure, applicants and their representatives must disclose all known material information to the USPTO. According to MPEP 2001, material information is defined as:
“Information is material to patentability when it is not cumulative to information already of record or being made of record in the application, and (1) It establishes, by itself or in combination with other information, a prima facie case of unpatentability of a claim; or (2) It refutes, or is inconsistent with, a position the applicant takes in: (i) Opposing an argument of unpatentability relied on by the Office, or (ii) Asserting an argument of patentability.”
In simpler terms, this includes any information that could affect the patentability of the invention, such as prior art, conflicting patent applications, or relevant publications.
To learn more: