You are here:  Ed9 08.2017 Guidebook  » Hot Topics

Duty to Disclose:

MPEP 2000

All the information material to the patentability of the invention must be disclosed to the Office with candor and good faith.

Rules governing the duty to disclose:

  • The information includes more than just patents and printed publications.
    • It includes all presently known information.
  • The duty exists until the application becomes abandoned.
    • It exists even after the patent is issued.

Who has a duty to disclose?

  • Each inventor, each registered practitioner, each assignee, every other person involved substantially in preparation or prosecution of application.
  • It does not extend to typists, clerks or corporations.