What sources of information are covered by the duty of disclosure under 37 CFR 1.56?

The duty of disclosure under 37 CFR 1.56 covers all material information that individuals are aware of, regardless of the source. This includes information from:

  • Co-workers
  • Trade shows
  • Communications with competitors or potential infringers
  • Related foreign applications
  • Prior or copending U.S. patent applications
  • Related litigation and post-grant proceedings
  • Preliminary examination searches
  • Information related to regulatory review

As stated in the MPEP: Materiality controls whether information must be disclosed to the Office, not the circumstances under which or the source from which the information is obtained. If material, the information must be disclosed to the Office.

To learn more:

Topics: MPEP 2000 - Duty Of Disclosure, MPEP 2001.06 - Sources Of Information Under 37 Cfr 1.56, Patent Law, Patent Procedure
Tags: duty of disclosure, foreign applications, Litigation, material information