What is the duty of disclosure regarding copending U.S. patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The duty of disclosure regarding copending U.S. patent applications is outlined in MPEP 2001.06(b) . It states: “The individuals covered by 37 CFR 1.56 have a duty to bring to the attention of the examiner, or other Office official involved with the examination of a particular application, information within their knowledge as to other copending United States applications which are “material to patentability” of the application in question.” This means that applicants, attorneys, and other individuals involved in the patent application process must disclose information about other pending U.S. patent applications that could affect the patentability of the current application. This duty helps ensure transparency and prevents potential conflicts or overlaps in patent claims. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Information from Copending Applications Required MPEP 2001.06(b) Individuals Must Disclose Copending Applications MPEP 2001.06(b) Individuals May Disclose Information to Patent Agent MPEP 2001 Permitted Disclosure of Copending US Applications Material to Patentability MPEP 2001.06(b) Permitted Copending Applications Must Be Disclosed to Examiner MPEP 2001.06(b) Prohibited Individuals Must Disclose Material Information MPEP 2000 Requirement for Individuals Involved in Application Preparation MPEP 2001 Disclosure of Copending Applications Required MPEP 2001.06(b) Required Copending Applications Must Be Disclosed to Examiner MPEP 2001.06(b) Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Other Related FAQs 5 FAQs Collapse How should information from copending applications be cited to the examiner? What are...