Duty of Disclosure

everyone involved in the patent process at any time - both during the procurement period and during potential litigation or re-examination - must disclose all information that may affect the validity of the patent. The obligation extends to the patent applicant or holder as well as accused infringers.

A duty imposed on each individual associated with the filing and prosecution of a U.S. patent application to disclose to the USPTO all information known to that individual to be material to the patentability of the claimed invention. MPEP 2001.