All persons associated with a pending US non-provisional patent application have an ongoing duty of disclosure requiring them to inform the Examiner about any known prior art reference that the Examiner may consider “material” to the patentability of the pending application. By “all persons,” they mean each inventor, the Applicant, its representative, and any agents thereof must satisfy the Duty. Any doubts about whether or not to disclose a particular piece of information should always be resolved in favor of disclosure.

An NFT is a digital asset that represents another object, such as a work of art, a musical composition, a video, or a 3D model. They are stored on a digital ledger and may be bought and sold online, typically with cryptocurrency on large global markets. The legal issues associated with NFTs are similarly to those of the underlying digital asset, making it important to conduct due diligence on a number of common legal issues well in advance of minting day.