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Duty to Disclose:
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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.
