Who is subject to the duty of disclosure in international design applications?

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.

According to MPEP 2920.05(f), the individuals subject to the duty of disclosure in international design applications designating the United States are defined in 37 CFR 1.56(c) as:

• 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 “individuals who are neither inventors nor practitioners but who are substantively involved in the preparation or prosecution of an international design application designating the United States and who are associated with the inventor, the applicant, an assignee, or anyone to whom there is an obligation to assign the application, have a duty of disclosure under 37 CFR 1.56.”