Can an applicant’s response to a Requirement for Information satisfy the Duty of Disclosure?

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.

Yes, an applicant’s response to a Requirement for Information can potentially satisfy their Duty of Disclosure. According to MPEP 704.12(a):

When responding to a requirement for information, an applicant must reply to each enumerated item in the requirement and must completely reply to each item. The applicant’s reply might satisfy the duty of disclosure with respect to that item.

However, it’s important to note that the Duty of Disclosure is broader and ongoing. While responding to a Requirement for Information may satisfy the duty for specific items, applicants must continue to disclose material information throughout the patent prosecution process.