Although there is no legal duty to search, MPEP 2000 states that each individual associated with the filing and prosecution of a patent application, supplemental examination, or patent reexamination has a duty to disclose to the Office all information known to that individual to be material to patentability. Thus, if you do perform a search yielding material prior art (even if the prior art discovered is adverse to the applicant's position), it must be disclosed to the USPTO.
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