What is the extent of the duty of disclosure?

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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 extends to all dealings with the United States Patent and Trademark Office (USPTO), not just interactions with patent examiners. This comprehensive obligation includes proceedings before various departments within the USPTO. As stated in MPEP 2001.03 : “This duty ‘in dealing with’ and ‘to’ the Office extends, of course, to all dealings which such individuals have with the Office, and is not limited to representations to or dealings with the examiner. For example, the duty would extend to proceedings before the Patent Trial and Appeal Board and the Office of the Commissioner for Patents.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Disclosure Requirement for Patent Proceedings MPEP 2001.03 Disclosure Duty to Patent Office MPEP 2001.03 Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Who Must Disclose Information for Patent Applications MPEP 2001.01 Individuals May Disclose Information to Patent Agent MPEP 2001 Permitted Duty to Disclose Material Information for Patent Applications and Reexaminations MPEP 2001.01 AIA Amends Duty to Disclose Errors Without Deceptive Intent MPEP 2000 Disclosure of Material Information Required for Patentability MPEP 2001 Other Related FAQs 5 FAQs Collapse What does &#8216;duty of candor and good faith&#8217; mean in patent law? Does the duty of disclosure apply to proceedings before the Patent Trial and Appeal Board? Can failure to disclose material information affect patent validity? What is considered &#8216;material information...