MPEP § 2001.03 — To Whom Duty of Disclosure Is Owed (Annotated Rules)
§2001.03 To Whom Duty of Disclosure Is Owed
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
Timing of Duty
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.
Duty of Disclosure Fundamentals
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.
Citations
| Primary topic | Citation |
|---|---|
| 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.
Official MPEP § 2001.03 — To Whom Duty of Disclosure Is Owed
Source: USPTO2001.03 To Whom Duty of Disclosure Is Owed [R-08.2017]
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.