MPEP Q & A 18: Duty to Disclose

Duty to Disclose

Question:

Who has a duty to disclose?

Answer:

The following individuals have a duty to disclose:

  • each inventor
  • each registered practitioner
  • each assignee
  • every other person who is substantially involved in the preparation or prosecution of the application
    • the duty does not extend to typists, clerks, and similar personnel
    • the duty does not extend to corporations

Chapter Details:

The answer to this question can be found in chapter 2000 of the MPEP. This chapter covers the duty to disclose.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section  2002 of the MPEP.  The following is a brief summary of section 2002.

2002  Disclosure – By Whom and How Made

This section covers who has a duty to disclose (which is basically everyone involved in the application) and how to disclose the information.


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