Are inventors always subject to the duty to disclose?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, inventors are always subject to the duty to disclose information material to patentability. The MPEP, citing 37 CFR 1.56(c) , explicitly states that individuals associated with the filing or prosecution of a patent application include: “(1) Each inventor named in the application” This means that every inventor listed on a patent application has a duty to disclose information they are aware of that is material to the patentability of the invention. This duty exists regardless of whether the inventor is directly involved in the preparation or prosecution of the application itself. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Duty to Disclose Information Material to Patentability MPEP 2001.01 Duty to Disclose Information Material to Patentability MPEP 2001.01 Duty to Disclose Material Information to USPTO MPEP 2000 Duty to Disclose Material Information to USPTO MPEP 2000.01 Individuals May Disclose Information to Patent Agent MPEP 2001 Permitted Duty to Disclose Material Information MPEP 2001.04 Duty to Disclose Material Information MPEP 2000.01 Duty to Disclose Material Information for Patentability MPEP 2001.04 Duty to Disclose Material Information for Patent Applications and Reexaminations MPEP 2001.01 Individuals Must Disclose Material Information MPEP 2000 Other Related FAQs 5 FAQs Collapse How does the duty to disclose apply in reexamination proceedings? What is considered &#8216;substantive involvement&#8217; in a patent application? Who has the duty to disclose information material to patentability? Does the duty to disclose apply to organizations? Can the actions of individuals affect the rights of their employer in patent matters?