Does the duty of disclosure apply to proceedings before the Patent Trial and Appeal Board?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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, the duty of disclosure applies to proceedings before the Patent Trial and Appeal Board (PTAB). The obligation to disclose material information extends beyond interactions with patent examiners and includes all dealings with the United States Patent and Trademark Office (USPTO). MPEP 2001.03 explicitly states: “For example, the duty would extend to proceedings before the Patent Trial and Appeal Board and the Office of the Commissioner for Patents.” This means that individuals involved in PTAB proceedings must continue to uphold their duty of candor and good faith, disclosing any material information relevant to the patentability of the invention under consideration. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Duty to Disclose Material Information for Patent Applications and Reexaminations MPEP 2001.01 Duty to Disclose Material Information for Patentability MPEP 2001.04 Duty to Disclose Material Information to USPTO MPEP 2000 Duty to Disclose Material Information to USPTO MPEP 2000.01 Duty to Disclose Material Information MPEP 2000 Duty to Disclose Material Information MPEP 2000.01 Duty to Disclose Material Information MPEP 2001.04 Duty to Disclose Material Information MPEP 2000.01 Disclosure Requirement for Patent Proceedings MPEP 2001.03 Individuals Must Disclose Material Information MPEP 2000 Other Related FAQs 5 FAQs Collapse What does &#8216;duty of candor and good faith&#8217; mean in patent law? What is the extent of the duty of disclosure? Can failure to disclose material information affect patent validity? What is considered &#8216;material information&#8217; in the context of the duty of disclosure? Who owes the duty of disclosure to the USPTO?