How can applicants meet the duty of disclosure requirement?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. Applicants can meet the duty of disclosure requirement by submitting information to the USPTO in the manner prescribed by 37 CFR 1.97 and 1.98 . The MPEP states: “37 CFR 1.56 provides that the duty of disclosure can be met by submitting information to the Office in the manner prescribed by 37 CFR 1.97 and 1.98.” This typically involves submitting an Information Disclosure Statement (IDS) that lists all known material information. The MPEP further advises: “The Office encourages applicants to carefully examine: (1) prior art cited in search reports of a foreign patent office in a counterpart application, and (2) the closest information over which individuals associated with the filing or prosecution of a patent application believe any pending claim patentably defines, to make sure that any material information contained therein is disclosed to the Office.” By following these guidelines, applicants can ensure they are meeting their duty of disclosure obligations. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examine Foreign Patent Office Prior Art and Closest Information MPEP 2001.04 Requirement for Disclosing Closest Information to Office MPEP 2001.04 Disclosure of Closest Information to Office MPEP 2001 Requirement for Disclosure of Material Information MPEP 2001.04 Permitted Duty to Disclose Material Information to USPTO MPEP 2000 Individuals May Disclose Information to Patent Agent MPEP 2001 Permitted Duty to Disclose Material Information for Patentability MPEP 2001.04 Disclosure of Material Information Required for Patentability MPEP 2001 Disclosure Requirement for Patentability Information MPEP 2001 Individuals Must Disclose Material Information MPEP 2000 ...