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Duty to Disclose


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Primary MPEP Chapter Resource(s)

Guidebook 2000 » Duty of Disclosure   
MPEP 2000 » Download MPEP Chapter 2000


Primary MPEP Section Summaries

The completeness of the specification is covered here. This includes details on incorporating by reference where an application may incorporate essential material by reference to a U.S. patent, or a U.S. patent application publication, which patent or patent application publication does not itself incorporate such essential material by reference. Examples are included.

This section covers the duty of disclosure, candor and good faith. Essentially, any information material to the patentability of the invention must be disclosed to the Office with candor and good faith. Materiality refers to all references or other information pertaining to the patentability of the subject matter in an application.

This section specifies the information included under the duty to disclose. The duty to disclose exists until the application becomes abandoned.

This section covers who has a duty to disclose (which is basically everyone involved in the application) and how to disclose the information.