What is the duty of disclosure in patent applications?

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.

The duty of disclosure is a fundamental obligation in the patent application process. As outlined in MPEP 410:

“Each individual associated with the filing and prosecution of a patent application has a duty of candor and good faith in dealing with the Office, which includes a duty to disclose to the Office all information known to that individual to be material to patentability as defined in this section.”

This duty requires applicants and their representatives to:

• Disclose all known material information
• Submit information disclosure statements (IDS)
• Update the USPTO with new material information throughout the application process

Failing to comply with the duty of disclosure can result in charges of inequitable conduct, which may render a patent unenforceable. It’s crucial for applicants to err on the side of disclosure when in doubt about the materiality of information.

For more information on USPTO, visit: USPTO.