When should information be disclosed to the USPTO during patent prosecution?

Information should be submitted promptly to the USPTO during patent prosecution. The MPEP states: An applicant, attorney, or agent who is aware of material prior art or other information and its significance should submit the information as early as possible in prosecution, e.g., before the first Office action, and not wait until after allowance. However, if potentially material information is discovered late in the prosecution process, it should still be promptly submitted, even if the issue fee has been paid.

For reissue applications and reexamination proceedings, the same principle applies: material prior art or other information should be submitted as soon as possible.

To learn more:

• Information Disclosure
• Patent Prosecution
• Prior Art
• USPTO