Which professionals are involved in the Duty to Disclose?

The duty to disclose material information during the patent application process is a fundamental obligation that falls on several key parties involved in the preparation and prosecution of the application. This responsibility primarily encompasses inventors, who must disclose known prior art relevant to their claims, as well as present and past attorneys who represent the inventors or the patent owner. These attorneys must ensure that all pertinent information is disclosed to the patent office to prevent the applicant from obtaining a patent that is not valid due to undisclosed prior art.

Additionally, experts who have participated in the prosecution process also have a duty to disclose information that could be material to the patentability of the invention. This collective involvement is necessary to uphold the integrity of the patent system and to comply with the ethical obligations set forth in patent law. The consequences of failing to disclose material information can include the unenforceability of the patent or even charges of inequitable conduct.

In contrast, the other options focus narrowly on specific groups or exclude key stakeholders in the patent application process, failing to acknowledge the broader scope of professionals involved in the duty to disclose.