What type of information must be disclosed to the USPTO?

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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 requires individuals to disclose information that is material to patentability. While the specific MPEP section provided doesn’t elaborate on this, the general understanding based on 37 CFR 1.56 is that material information includes: Prior art references Information about enablement Information related to statutory bars Any information that a reasonable examiner would consider important in deciding whether to allow the application to issue as a patent The MPEP states: “37 CFR 1.56 defines the duty to disclose information to the Office.” This regulation provides more detailed criteria for what constitutes material information that must be disclosed to the USPTO. 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 Duty to Disclose Material Information to USPTO MPEP 2000 Duty to Disclose Material Information to USPTO MPEP 2000.01 Individuals May Disclose Information to Patent Agent MPEP 2001 Permitted Duty to Disclose Material Information MPEP 2000 Duty to Disclose Material Information MPEP 2000.01 Duty to Disclose Material Information for Patentability MPEP 2001.04 Duty to Disclose Material Information for Patent Applications and Reexaminations MPEP 2001.01 Copending Applications Must Be Disclosed to Examiner MPEP 2001.06(b) Duty to Disclose Material Information MPEP 2000.01 Other Related FAQs 5 FAQs Collapse When did the current version of 37 CFR 1.56 become applicable? What is the difference between pre-AIA and current 37 CFR 1.56? Who has the duty to disclose information to the USPTO? What is a prima facie case of unpatentability? How should informatio...