Who has the duty to disclose information by filing an IDS?

The duty to disclose information by filing an Information Disclosure Statement (IDS) falls on any person involved in the prosecution of the application. This includes not just the applicant but also anyone who has a role in the prosecution, such as patent attorneys or agents. The purpose of the IDS is to ensure that the United States Patent and Trademark Office (USPTO) is aware of all relevant prior art during the examination of a patent application, which is crucial for determining the patentability of the claims.

This broad obligation ensures that all relevant information is disclosed to facilitate a thorough examination process. It emphasizes the collaborative nature of patent prosecution, where multiple stakeholders can have insight into prior art that could impact the patentability of the application.

The other options limit the responsibility for filing an IDS to either the primary inventor or the patent attorney, which does not align with the inclusive nature of the duty as outlined by the patent rules. The sense of collective responsibility reflects the importance of transparency in the patent process, as all involved parties share the duty to ensure that the examiner has access to all pertinent information.