Who has the duty to disclose information material to patentability?

According to 37 CFR 1.56(c), the duty to disclose information material to patentability applies to:

• Each inventor named in the application
• 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 and who is associated with the inventor, the applicant, an assignee, or anyone to whom there is an obligation to assign the application

The MPEP clarifies that “This is intended to make clear that the duty does not extend to typists, clerks, and similar personnel who assist with an application.“

To learn more:

• Duty to Disclose
• Patent Application
• Inventor
• Attorney
• Agent
• Substantive Involvement