What is the duty of disclosure to the USPTO?
Rule 56 (37 CFR 1.56) defines the duty of disclosure for dealing with the United States Patent and Trademark Office (USPTO). Generally, each individual associated with the filing and prosecution of a patent application has a duty of candor and good faith in dealing with the United States Patent and Trademark Office, which includes a duty to disclose to the United States Patent and Trademark Office all information known to the individual to be material to patentability. The duty is placed on the inventor and all other persons substantively involved in the preparation and prosecution of the application. When filing a patent application, an inventor must sign and submit a form acknowledging the duty of disclosure.
If you would like to speak with an experienced patent attorney, contact me to schedule a free initial consultation.
Related FAQ:
