What is the extent of information disclosure required under 37 CFR 1.56(a)?

What is the extent of information disclosure required under 37 CFR 1.56(a)?

Under 37 CFR 1.56(a), the duty to disclose information extends to “all information known to be material to patentability.” The MPEP clarifies this by stating:

“The duty to disclose all information known to be material to patentability is deemed to be satisfied if all information known to be material to patentability of any claim issued in a patent was cited by the Office or submitted to the Office in the manner prescribed by §§ 1.97(b)-(d) and 1.98.”

This means that applicants and their representatives must disclose all information they are aware of that could affect the patentability of their claims. However, they are not required to conduct additional searches for information beyond what they already know.

To learn more:

• 37 CFR 1.56(a)
• information disclosure
• material to patentability
• duty to disclose