Is information about copied claims considered material under the duty of disclosure?

Yes, information about claims copied from a patent is considered material under the duty of disclosure. The MPEP 2001.06(d) clearly states:

“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.”

This means that applicants have an obligation to disclose the source of copied claims to the USPTO, as it is considered material information under 37 CFR 1.56, which outlines the duty of disclosure.

To learn more:

• duty of disclosure
• material information
• copied claims
• patent application