Who has the Duty to Disclose in the patent application process?

The duty to disclose in the patent application process encompasses inventors, attorneys, and any individuals involved in prosecution. This comprehensive obligation is founded on the principle that all relevant information must be made available to the United States Patent and Trademark Office (USPTO) to ensure that the patentability of the invention can be appropriately assessed.

Inventors are responsible for fully disclosing the details of their invention, including prior art that could affect the patentability. Patent attorneys, who often assist in drafting and filing patent applications, hold a duty to disclose any pertinent information that they may become aware of during the preparation and prosecution of the application. Additionally, other individuals involved in the prosecution process, which might include researchers and collaborators, are also included in this duty.

Overall, this collective responsibility helps maintain the integrity of the patent system by preventing the issuance of patents based on incomplete or misleading information. Such a thorough duty ensures that all parties contribute to the accurate representation of the invention and related disclosures, avoiding misleading representations to the patent office.