Who owes the duty of disclosure to the USPTO?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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 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.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Duty to Disclose Material Information for Patentability MPEP 2001.04 Duty to Disclose Material Information to USPTO MPEP 2000 Duty to Disclose Material Information for Patent Applications and Reexaminations MPEP 2001.01 Duty to Disclose Material Information MPEP 2000.01 Duty to Disclose Material Information MPEP 2001.04 Duty to Disclose Material Information to USPTO MPEP 2000.01 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Duty to Disclose Material Information MPEP 2000 Duty to Disclose Material Information MPEP 2000.01 Disclosure Duty to Patent Office MPEP 2001.03 Other Related FAQs 5 FAQs Collapse What does &#8216;duty of candor and good faith&#8217; mean in patent law? Does the duty of disclosure apply to proceedings before the Patent Trial and Appeal Board? What is the extent of the duty of disclosure? Can failure to disclose material information affect patent validity? What is considered &#8216;material information&#8217; in the context of the duty of disclosure?