Who is subject to the Duty of Disclosure?

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.

The Duty of Disclosure applies to several parties involved in the patent application process. According to MPEP 2001, the following individuals are subject to this duty:

• The inventor(s)
• The 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

It’s crucial for all these parties to understand and comply with the Duty of Disclosure to ensure the validity of the patent application and any resulting patent.