Who is responsible for disclosing information to the USPTO?
According to MPEP 2002.01, the responsibility for disclosing information to the United States Patent and Trademark Office (USPTO) can fall on several parties:
- Attorneys or agents of record
- Pro se inventors (inventors representing themselves)
- Other individuals who disclose information to the attorney, agent, or inventor
The MPEP states: “37 CFR 1.56(d) makes clear that information may be disclosed to the Office through an attorney or agent of record or through a pro se inventor, 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.”
It’s important to note that only material information needs to be disclosed. As the MPEP clarifies, “Information that is not material need not be passed along to the Office.”
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2002.01 - By Whom Made,
Patent Law,
Patent Procedure