What is the role of attorneys or agents in disclosing information to the USPTO?

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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. Attorneys and agents play a crucial role in disclosing information to the United States Patent and Trademark Office (USPTO) during the patent application process. According to MPEP 2002.01 : “37 CFR 1.56(d) makes clear that information may be disclosed to the Office through an attorney or agent of record … and that other individuals may satisfy their duty of disclosure to the Office by disclosing information to such an attorney, agent, or inventor who then is responsible for disclosing the same to the Office.” The responsibilities of attorneys and agents include: Receiving and evaluating information from inventors and other individuals Determining what information is material to patentability Submitting material information to the USPTO Ensuring compliance with the duty of disclosure It’s important to note that attorneys and agents are responsible for disclosing information they receive from other individuals that is material to the patentability of the invention. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Non-Material Information Need Not Be Disclosed to Office MPEP 2002.01 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Duty to Disclose Material Information to USPTO MPEP 2000 Duty to Disclose Material Information to USPTO MPEP 2000.01 Duty to Disclose Through Record-Keeping Agent MPEP 2002.01 Permitted Individuals May Disclose Information to Patent Agent MPEP 2001 Permitted Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 But-For Materiality for Duty of Disclosure MPEP 2000.01 But-For Materiality for Duty of Disclosure MPEP 20...