When should an applicant disclose information about copied claims?

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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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Requirement to Identify Claim Source When Copied MPEP 2001.06(d) Required Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Individuals Must Disclose Material Information MPEP 2000 Material Information Must Be Disclosed to Office Regardless of Source MPEP 2001.06 Required Duty to Disclose Material Information MPEP 2000.01 Duty to Disclose Material Information MPEP 2001.04 Individuals May Disclose Information to Patent Agent MPEP 2001 Permitted Who Must Disclose Information for Patent Applications MPEP 2001.01 Other Related FAQs 5 FAQs Collapse What are the consequences of failing to disclose copied claims? Is information about copied claims considered material under the duty of disclosure? What is the requirement for copying claims from a patent? What is a prima facie case of unpatentability? When did the current version of 37 CFR 1.56 becom...