The test may have a question or two related to the duty of disclosure. Know that once an applicant states that a reference is prior art, it can never be taken back. Another point to remember is that the applicant, registered practitioner and assignees will have a duty to disclose materials relevant to the invented subject matter even after the patent has been allowed and issued.

Duty to disclose:
All the information material to the patentability of the invention must be disclosed to the Office with candor and good faith

Rules governing the duty to disclose:
1. the information includes more than just patents and printed publications
2. it includes all presently known information
3. the duty exists until the application becomes abandoned
4. it exists even after the patent is issued

Who has a duty to disclose?
1. each inventor, each registered practitioner, each assignee, every other person involved substantially in preparation or prosecution of application
2. it does not extend to typists, clerks or corporations