How does the Requirement for Information relate to the Duty of Disclosure?
The Requirement for Information under 37 CFR 1.105 is distinct from, but related to, the Duty of Disclosure under 37 CFR 1.56. As stated in MPEP 704.12(a):
The requirement for information is an inquiry as to whether there is information relevant to examination. The duty of disclosure is broader and requires submission of material information, even though the applicant may not have been aware of the materiality when it was found.
While both aim to ensure the examiner has all relevant information, the Requirement for Information is a specific request, whereas the Duty of Disclosure is an ongoing obligation.
To learn more: