How does the USPTO view the duty of disclosure?
The United States Patent and Trademark Office (USPTO) takes a very serious view of the duty of disclosure. According to the MPEP Section 2001.05:
“The USPTO holds those individuals subject to this duty to the highest standards.”
This statement underscores the importance the USPTO places on candor and good faith in dealing with the Office. The MPEP further states:
“The Office believes that most applicants will wish to submit the information even though they may not be required to do so, to strengthen the patent and avoid the risks of an incorrect judgment on their part on materiality.”
This suggests that the USPTO encourages a cautious approach, where applicants are advised to disclose information if there’s any doubt about its materiality. This approach can help strengthen the resulting patent and reduce risks associated with failing to disclose potentially material information.
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