What is the extent of the duty of disclosure?
The duty of disclosure extends to all dealings with the United States Patent and Trademark Office (USPTO), not just interactions with patent examiners. This comprehensive obligation includes proceedings before various departments within the USPTO.
As stated in MPEP 2001.03: “This duty ‘in dealing with’ and ‘to’ the Office extends, of course, to all dealings which such individuals have with the Office, and is not limited to representations to or dealings with the examiner. For example, the duty would extend to proceedings before the Patent Trial and Appeal Board and the Office of the Commissioner for Patents.”
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2001.03 - To Whom Duty Of Disclosure Is Owed,
Patent Law,
Patent Procedure