What is the duty of disclosure in patent applications?

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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. The duty of disclosure is a fundamental obligation in patent law, as outlined in 37 CFR 1.56 . It requires that: “Each individual associated with the filing and prosecution of a patent application has a duty of candor and good faith in dealing with the Office, which includes a duty to disclose to the Office all information known to that individual to be material to patentability as defined in this section.” This duty ensures that the USPTO has all relevant information when examining a patent application, promoting the public interest and effective patent examination. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Duty to Disclose Information Material to Patentability in Reexamination MPEP 2001.04 Duty to Disclose Material Information to USPTO MPEP 2000 Duty to Disclose Material Information for Patentability MPEP 2001.04 Candor and Good Faith in Patent Prosecution MPEP 2001.04 Permitted Information Material to Patentability Required for Reexamination MPEP 2001.04 Duty to Disclose Material Information MPEP 2001.04 Candor and Good Faith Duty Broader Than Disclosure MPEP 2001.04 Information Material to Patentability Must Be Disclosed MPEP 2001.04 Duty to Disclose Material Information MPEP 2000 Information Material to Patentability Required MPEP 2001.04 Other Related FAQs 5 FAQs Collapse When does the duty to disclose information end? What is the extent of information disclosure required under 37 CFR 1.56(a)? What information is considered material to patentability? How does the USPTO define &#8220;material to patentability&#8221; in the context of information disclosure? How can applicants meet the duty of disclosure requirement?