MPEP Chapter 2000: Duty of Disclosure Flashcards
(3 cards)
1
Q
Who has duty to disclose?
A
-Inventors
-Patent Agent/Attorney
-Everyone else associated with the inventor or assignee
Duty extends to individuals, not corporations
2
Q
Materiality
A
Duty to disclose any information “material” to prosecution
Makes for a good rejection, refutes a position taken at the PTO
Defined by Rule 1.56(a)
3
Q
Prior Art is Material
A
MUST be submitted if it has a prior art date before earliest effective filing date
Even if it can be sworn back under Rule 131 or disqualified under Rule 130
