When is there no duty to disclose information to the USPTO?

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.

According to the MPEP Section 2001.05, there is generally no duty to disclose information to the United States Patent and Trademark Office (USPTO) when:

• The information is clearly cumulative to information already of record or being made of record in the application, or
• The information is clearly not material.

The MPEP states: “Generally, when information is clearly cumulative or not material, there is no duty to disclose the information to the Office.”

However, the MPEP also advises: “In close cases where the materiality or consistency of the information is in question, the applicant should consider submitting this information to the USPTO.” This is because the USPTO holds individuals subject to this duty to the highest standards, and submitting information in borderline cases can strengthen the patent and avoid risks associated with incorrectly judging materiality.