Who has the duty to disclose information by filing an IDS?

The duty to disclose information by filing an Information Disclosure Statement (IDS) lies with any person involved in the prosecution of the application. This includes not only the applicant but also individuals such as patent attorneys or agents, who are actively engaged in preparing and prosecuting the application.

The rationale for this duty is rooted in the principle of full and frank disclosure to the United States Patent and Trademark Office (USPTO). The system relies on the integrity of those submitting applications to provide all material prior art and relevant information that could impact the examination of the patent application. This requirement ensures that the patent examiner has access to all pertinent information to make informed decisions regarding patentability.

Other options are too restrictive and do not encompass the broad scope of individuals involved in the prosecutorial process. For instance, stating that only the primary inventor or exclusively the applicant holds this duty fails to recognize the collaborative nature of patent prosecution and the shared responsibility among those involved.