Who has the duty to disclose information to the USPTO?
The duty to disclose information to the United States Patent and Trademark Office (USPTO) applies to various individuals involved in the patent application process. While the specific MPEP section provided doesn’t elaborate on this, it’s generally understood that this duty extends to:
- Inventors
- Patent attorneys or agents representing the applicant
- Anyone substantively involved in the preparation or prosecution of the application
- Other individuals associated with the filing or prosecution of the patent application
The 37 CFR 1.56 referenced in the MPEP states: “37 CFR 1.56 defines the duty to disclose information to the Office.” This regulation provides more detailed information on who specifically is bound by this duty and what it entails.
To learn more:
Topics:
And Good Faith,
Candor,
MPEP 2000 - Duty Of Disclosure,
MPEP 2001 - Duty Of Disclosure,
Patent Law,
Patent Procedure