MPEP § 2001.06(d) — Information Relating to Claims Copied From a Patent (Annotated Rules)
§2001.06(d) Information Relating to Claims Copied From a Patent
This page consolidates and annotates all enforceable requirements under MPEP § 2001.06(d), 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.
Information Relating to Claims Copied From a Patent
This section addresses Information Relating to Claims Copied From a Patent. Primary authority: 37 CFR 41.202(a) and 37 CFR 1.56. Contains: 1 requirement.
Key Rules
Material Information Definition
Where claims are copied or substantially copied from a patent, 37 CFR 41.202(a) requires the applicant, at the time he or she presents the claim(s), to identify the patent and the numbers of the patent claims. Clearly, the information required by 37 CFR 41.202(a) as to the source of copied claims is material information under 37 CFR 1.56 and failure to inform the USPTO of such information may violate the duty of disclosure.
Citations
| Primary topic | Citation |
|---|---|
| Material Information Definition | 37 CFR § 1.56 |
| Material Information Definition | 37 CFR § 41.202(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 § 2001.06(d) — Information Relating to Claims Copied From a Patent
Source: USPTO2001.06(d) Information Relating to Claims Copied From a Patent [R-08.2017]
Where claims are copied or substantially copied from a patent, 37 CFR 41.202(a) requires the applicant, at the time he or she presents the claim(s), to identify the patent and the numbers of the patent claims. Clearly, the information required by 37 CFR 41.202(a) as to the source of copied claims is material information under 37 CFR 1.56 and failure to inform the USPTO of such information may violate the duty of disclosure.