MPEP § 2001.03 — To Whom Duty of Disclosure Is Owed (Annotated Rules)

§2001.03 To Whom Duty of Disclosure Is Owed

USPTO MPEP version: BlueIron's Update: 2026-01-10

This page consolidates and annotates all enforceable requirements under MPEP § 2001.03, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

To Whom Duty of Disclosure Is Owed

This section addresses To Whom Duty of Disclosure Is Owed. Primary authority: 37 CFR 1.56(a). Contains: 2 statements.

Key Rules

Topic

Timing of Duty

1 rules
StatutoryInformativeAlways
[mpep-2001-03-524bff5f7ace8981a56d99db]
Disclosure Duty to Patent Office
Note:
All parties involved in patent application must disclose material information to the Patent Office during all interactions, not just with the examiner.

37 CFR 1.56(a) states that the “duty of candor and good faith” is owed “in dealing with the Office” and that all associated with the filing and prosecution of a patent application have a “duty to disclose to the Office” material information. 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.

Jump to MPEP Source · 37 CFR 1.56(a)Timing of DutyMaterial Information DefinitionDuty of Disclosure Fundamentals
Topic

Duty of Disclosure Fundamentals

1 rules
StatutoryInformativeAlways
[mpep-2001-03-68ccedbcce009bbd73beb2db]
Disclosure Requirement for Patent Proceedings
Note:
All parties involved in patent applications must disclose material information to the Office, including proceedings before the Patent Trial and Appeal Board.

37 CFR 1.56(a) states that the “duty of candor and good faith” is owed “in dealing with the Office” and that all associated with the filing and prosecution of a patent application have a “duty to disclose to the Office” material information. 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.

Jump to MPEP Source · 37 CFR 1.56(a)Duty of Disclosure FundamentalsPTAB JurisdictionPTAB Contested Case Procedures

Citations

Primary topicCitation
Duty of Disclosure Fundamentals
Timing of Duty
37 CFR § 1.56(a)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2026-01-10