For there to be an effective examination of patent applications,
there is a duty of disclosure in various jurisdictions. This
disclosure requirement makes the assessment of patentability easier
and also acts as a good tool to understand honest conduct of an
applicant during the prosecution stage.
The US patent laws require the applicant to furnish known prior
art documents during the pendency of a patent application by
submitting the information disclosure statement (IDS). However, the
European patent Office (EPO) obligates an applicant to disclose the
results of official searches and examination reports carried out on
priority applications.
Under Indian patent law as well, the duty of disclosure lies
with the applicant, under section 8, to furnish detailed
particulars with respect to applications relating to the same or
substantially the same inventions filed outside India.
