When should information be disclosed to the USPTO during patent prosecution?

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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. Information should be submitted promptly to the USPTO during patent prosecution. The MPEP states: An applicant, attorney, or agent who is aware of material prior art or other information and its significance should submit the information as early as possible in prosecution, e.g., before the first Office action, and not wait until after allowance. However, if potentially material information is discovered late in the prosecution process, it should still be promptly submitted, even if the issue fee has been paid. For reissue applications and reexamination proceedings, the same principle applies: material prior art or other information should be submitted as soon as possible. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Material Prior Art Must Be Submitted Promptly for Reissue and Reexamination MPEP 2003 Recommended Material Information Must Be Promptly Submitted MPEP 2003 Recommended Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Fee Requirement for Information Disclosure Statement MPEP 2003 Required Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Fee for Information Disclosure Statement MPEP 2003 Information Disclosure Statement Must Be Filed Promptly MPEP 2003 Recommended Requirement for Information Disclosure Statement Compliance MPEP 2003 Required Information Disclosure Statement Must Be Filed Before Issue Fee MPEP 2003 Required Other Related FAQs 5 FAQs Collapse What are the consequences of late disclosure of information to the USPTO? What is an Information Disclosure Statement (IDS) in patent prosecution? How does timely dis...