Who owes the duty of disclosure to the USPTO?
The duty of disclosure is owed by all individuals associated with the filing and prosecution of a patent application. This includes inventors, patent attorneys, and anyone else involved in the patent application process.
According to MPEP 2001.03, “37 CFR 1.56(a) states that the ‘duty of candor and good faith’ is owed ‘in dealing with the Office’ and that all associated with the filing and prosecution of a patent application have a ‘duty to disclose to the Office’ material information.”
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2001.03 - To Whom Duty Of Disclosure Is Owed,
Patent Law,
Patent Procedure