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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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, 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Disclosure of Material Information Required for Patentability MPEP 2001 Duty to Disclose Material Information for Patentability MPEP 2001.04 Duty to Disclose Material Information MPEP 2000.01 Duty to Disclose Material Information MPEP 2001.04 Duty to Disclose Material Information for Patent Applications and Reexaminations MPEP 2001.01 Material Information Must Be Disclosed to Office Regardless of Source MPEP 2001.06 Required Individuals Must Disclose Material Information MPEP 2000 Duty to Disclose Material Information to USPTO MPEP 2000 Duty to Disclose Material Information MPEP 2000 Duty to Disclose Material Information to USPTO MPEP 2000.01 Other Related FAQs 5 FAQs Collapse What are the consequences of failing to disclose copied claims? What is the requirement for copying claims from a patent? When should an applicant disclose information about copied claims? What is a prima facie case of unpatentability? When did the current version of 37 CFR 1.56 become applicable?