Does the Inventor have a Duty of Candor to the United States Patent and Trademark Office?

Yes, each inventor, each attorney and all individuals involved with prosecution with a patent application have a duty of candor to the United States Patent and Trademark Office. This duty requires each such individuals to inform the United States Patent and Trademark Office of all prior art references and activities which are material to the prosecution of the patent application. Such information is generally filed by way of an Information Disclosure Statement, typically within three months of filing.

Please note that an information filed with the United States Patent and Trademark Office after a first official action on the merits will require an official fee for late submission of the same unless the Applicant can certify to the United States Patent and Trademark Office that the Applicant has only known about this newly cited art for less than three months. Any information filed with the United States Patent and Trademark Office after a final action or a Notice of Allowance, but ... more.

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