When does the duty to disclose information end?

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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 to disclose information does not end when an application becomes allowed but extends until a patent is granted. According to 37 CFR 1.56(a) : “The duty to disclose information exists with respect to each pending claim until the claim is cancelled or withdrawn from consideration, or the application becomes abandoned.” The MPEP further clarifies that information can be considered even after a notice of allowance is mailed and before the issue fee is paid. Additionally, an application can be withdrawn from issue for various reasons, including to consider new information. This ensures that all material information is considered up until the patent is granted. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Duty to Disclose Material Information for Patentability MPEP 2001.04 Duty to Disclose Information Material to Patentability in Reexamination MPEP 2001.04 Duty to Disclose Material Information MPEP 2001.04 Duty to Disclose Material Information to USPTO MPEP 2000 Disclosure of Material Information Required for Patentability MPEP 2001 Requirement for Disclosure of Material Information MPEP 2001.04 Permitted Duty to Disclose Material Information MPEP 2000 AIA Amends Duty to Disclose Errors Without Deceptive Intent MPEP 2000 Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Other Related FAQs 5 FAQs Collapse What is the duty of disclosure in patent applications? 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...