You are here: Ed9 07.2015 Guidebook » Chapter 2000
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Chapter 2000: Duty of Disclosure
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Summary:This chapter deals with the duties of disclosure. Each inventor and every other individual who is substantially involved in the preparation or prosecution of the application has a duty of disclosure. These duties consist of candor, good faith and the duty to disclose all relevant materials to the PTO.
The test may have a question or two related to the duty of disclosure. Know that once an applicant states that a reference is prior art, it can never be taken back. Another point to remember is that the applicant, registered practitioner and assignees will have a duty to disclose materials relevant to the invented subject matter even after the patent has been allowed and issued.
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Objectives- Know that an applicant may never take back a statement reflected toward a particular reference being prior art.
- Learn who has a duty to disclose and how long that duty lasts.
- Know the following rule:
37 C.F.R. 1.56 |
Duty to disclose information material to patentability. |
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