Those who have filed patent applications in the US will no doubt
be familiar with the onerous duty of disclosure requirements. The
USPTO is currently proposing rule changes which could simplify the
task of determining what should and should not be disclosed, and
reduce paranoia surrounding the duty.
The Importance of Duty to Disclose
Under US patent law, applicants and other individuals associated
with the filing and prosecution of a patent application, have a
duty to disclose to the USPTO all information known to that
individual to be "material to patentability". There has
historically been a great deal of paranoia surrounding this
requirement; and with good cause. Failing to satisfy the duty of
disclosure requirements can (and on many occasions does) invalidate
a patent.
