By Dennis Crouch
1. Joe (the inventor / patent applicant) knows that Mathilda (a third party) has information material to the question of patentability of his pending patent application. However, Joe does not have the underlying material information. Is Joe under a duty to disclose Mathilda’s identity?
2. Competitor sends Joe a package of prior art and an explanation of why the prior art renders Joe’s pending application unpatentable. What are joe’s disclosure duties here?