What is the extent of information disclosure required under 37 CFR 1.56(a)?

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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. Under 37 CFR 1.56(a) , the duty to disclose information extends to “all information known to be material to patentability.” The MPEP clarifies this by stating: “The duty to disclose all information known to be material to patentability is deemed to be satisfied if all information known to be material to patentability of any claim issued in a patent was cited by the Office or submitted to the Office in the manner prescribed by §§ 1.97(b)-(d) and 1.98.” This means that applicants and their representatives must disclose all information they are aware of that could affect the patentability of their claims. However, they are not required to conduct additional searches for information beyond what they already know. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Duty to Disclose Information Material to Patentability in Reexamination MPEP 2001.04 Information Material to Patentability Required for Reexamination MPEP 2001.04 Information Material to Patentability Required MPEP 2001.04 Information Material to Patentability Must Be Disclosed MPEP 2001.04 Duty to Disclose Material Information for Patentability MPEP 2001.04 Information Material to Patentability Must Be Disclosed MPEP 2001.04 Individuals May Disclose Information to Patent Agent MPEP 2001 Permitted Requirement for Disclosure of Material Information MPEP 2001.04 Permitted AIA Amends Duty to Disclose Errors Without Deceptive Intent MPEP 2000 Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Other Related FAQs 5 FAQs Collapse What is the duty of disclosure in patent applications? When does the duty to disclose information end? What information is considered material to patentability? How does th...