M.P.E.P. 2000 Duty of Disclosure

Question 1

Who has the duty to disclose, candor and good faith in dealing with the Office?

Answer 1

1. Inventor
2. Each attorney and agent who prepares or prosecutes
3. Everyone else who is associated with the inventor, with the assignee or with anyone to whom there is an obligation to assign the application.

**Only individual, not corporations.

Question 2

What MUST BE disclosed?

Answer 2

Any material information.

Question 3

Materiality

Answer 3

1. Established by itself or in combination with other information a prima facie case of nonpatentability;
   OR
2. Refutes, or its inconsistent with, a position taken by the application in opposing an argument for unpatentability advanced by the PTO OR asserting an argument for patentability.