Who has the duty to disclose material information to the USPTO?
The duty to disclose material information to the USPTO applies to several parties involved in the patent application process. According to MPEP 724:
Inventors and others covered by 37 CFR 1.56(c) and 1.555 have a duty to disclose to the Office information they are aware of which is material to patentability.
This duty extends to:
- Inventors
- Patent applicants
- Patent owners (in reexamination proceedings)
- Attorneys or agents representing the applicant or patent owner
- Anyone substantively involved in the preparation or prosecution of the application
The obligation to disclose applies to all material information, regardless of its classification as a trade secret, proprietary material, or information subject to a protective order.
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