When does the duty to disclose information end?

The duty to disclose information does not end when an application becomes allowed but extends until a patent is granted. According to 37 CFR 1.56(a):

“The duty to disclose information exists with respect to each pending claim until the claim is cancelled or withdrawn from consideration, or the application becomes abandoned.”

The MPEP further clarifies that information can be considered even after a notice of allowance is mailed and before the issue fee is paid. Additionally, an application can be withdrawn from issue for various reasons, including to consider new information. This ensures that all material information is considered up until the patent is granted.

To learn more:

• duty to disclose
• patent application
• USPTO
• allowance
• issue