What sources of information are covered by the duty of disclosure under 37 CFR 1.56?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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 under 37 CFR 1.56 covers all material information that individuals are aware of, regardless of the source. This includes information from: Co-workers Trade shows Communications with competitors or potential infringers Related foreign applications Prior or copending U.S. patent applications Related litigation and post-grant proceedings Preliminary examination searches Information related to regulatory review As stated in the MPEP: Materiality controls whether information must be disclosed to the Office, not the circumstances under which or the source from which the information is obtained. If material, the information must be disclosed to the Office. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Material Information Must Be Disclosed to Office Regardless of Source MPEP 2001.06 Required Sources of Material Information Must Be Disclosed MPEP 2001.06 Permitted Material Information Must Be Disclosed During Prosecution MPEP 2001.06 Required Copending Applications Must Be Disclosed to Examiner MPEP 2001.06(b) Duty to Disclose Material Information MPEP 2001.06 Disclosure of Material Information Required for Patentability MPEP 2001 Duty to Disclose Material Information for Patentability MPEP 2001.04 Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Duty to Disclose Material Information MPEP 2001.04 Duty to Disclose Material Information MPEP 2000 Other Related FAQs 5 FAQs Collapse What information from copending U.S. patent applications needs to be disclosed? How should information from related litigation and trial proceedings be handled? What are the disclosure requirements for information related to regu...