Who has a duty to disclose information material to patentability?
According to 37 CFR 1.56, individuals associated with the filing and prosecution of a patent application have a duty to disclose information material to patentability. This includes:
- The inventor(s)
- Each attorney or agent who prepares or prosecutes the application
- Every other person who is substantively involved in the preparation or prosecution of the application
The MPEP states: “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.“
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2002 - Disclosure — By Whom And How Made,
Patent Law,
Patent Procedure