Who is subject to the duty of disclosure in patent term extension proceedings?

The duty of disclosure in patent term extension proceedings applies to a wide range of individuals involved in the process. According to MPEP 2762:

“A duty of candor and good faith toward the USPTO, the Secretary of Health and Human Services, and the Secretary of Agriculture rests on the patent owner or its agent, on each attorney or agent who represents the patent owner, and on every other individual who is substantively involved on behalf of the patent owner in a patent term extension proceeding.”

This means that the duty extends to the patent owner, their agents, attorneys, and any other individuals substantially involved in the patent term extension process on behalf of the patent owner.

To learn more:

• duty of disclosure
• patent term extension
• patent owner
• attorney
• agent
• USPTO