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2004 Aids to Compliance with Duty of Disclosure

MPEP SECTION SUMMARY

This section lists the aids to assist compliance with duty of disclosure. These include examples such as asking questions about inventorship and questionnaires for the applicant involving the disclosure.

Aids to proper disclosure that a practitioner may consider giving to his or her client (the inventor) include (but are not limited to):

  • Questionnaires for the applicant involving the disclosure
  • Asking questions about inventorship
  • Asking questions about the disclosure of the best mode
  • Making sure the inventor knows the responsibilities involved with signing the oath
  • Explaining the scope of the claims
  • Evaluating the materiality of the prior art
  • That the prior art is properly described
  • An accurate specification
  • Checking on other applications by the same inventor
  • Submitting whatever may be relevant
  • Submitting information promptly
  • Highlighting the most relevant information
  • Checking on continuation-in-part applications
  • Any outside information
    • Such as the information presented at conventions or trade shows
  • Checking that all individuals are informed of their duty of disclosure
  • Recording and keeping discarded information that was not considered relevant

 

» 2010 Office handling of duty of disclosure/inequitable conduct issues