When should an applicant disclose information about copied claims?

An applicant should disclose information about copied claims at a specific time during the patent application process. The MPEP 2001.06(d) states:

“37 CFR 41.202(a) requires the applicant, at the time he or she presents the claim(s), to identify the patent and the numbers of the patent claims.”

This means that the disclosure should be made concurrently with the submission of the copied or substantially copied claims in the patent application. It’s important not to delay this disclosure, as timely identification of the source patent and claim numbers is crucial for compliance with the duty of disclosure.

To learn more:

• timing of disclosure
• copied claims
• patent application
• duty of disclosure