What is the role of attorneys or agents in disclosing information to the USPTO?
Attorneys and agents play a crucial role in disclosing information to the United States Patent and Trademark Office (USPTO) during the patent application process. According to MPEP 2002.01:
“37 CFR 1.56(d) makes clear that information may be disclosed to the Office through an attorney or agent of record … and that other individuals may satisfy their duty of disclosure to the Office by disclosing information to such an attorney, agent, or inventor who then is responsible for disclosing the same to the Office.”
The responsibilities of attorneys and agents include:
- Receiving and evaluating information from inventors and other individuals
- Determining what information is material to patentability
- Submitting material information to the USPTO
- Ensuring compliance with the duty of disclosure
It’s important to note that attorneys and agents are responsible for disclosing information they receive from other individuals that is material to the patentability of the invention.
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