MPEP 2000

Duty of Disclosure

Brief Summary:

This chapter deals with the duties of disclosure.

Each inventor and every other individual who is substantially involved in the preparation or prosecution of the application has a duty of disclosure.

These duties consist of candor, good faith and the duty to disclose all relevant materials to the PTO.

Key Terms:

Collateral EstoppelCollateral Estoppel prevents a party from re-litigating an issue that has already been judged in a court of law, ensuring that once a court has decided an issue of fact or law necessary to its judgment, that decision may preclude re-examination of the same issue in a different case involving the same parties.
Duty DiscloseThe Duty to Disclose requires applicants to inform the patent office of all known relevant prior art and information that may affect the patentability of their invention during the examination process.
Inequitable ConductInequitable Conduct refers to an applicant’s intentional misleading or withholding of material information from the patent office during prosecution, which can render a patent unenforceable.

37 CFR (Code of Federal Regulations):

37 CFR 1.56 – Duty to disclose information material to patentability.
37 CFR 1.56 mandates that individuals associated with the filing and prosecution of a patent application must disclose all information known to be material to the patentability of the invention to the United States Patent and Trademark Office.

Quick Statistics:

Number of Pages:  22 pgs
Sections:  2000 – 2022

List of Sections:

2000Duty of Disclosure
 2000.01 Introduction
2001Duty of Disclosure, Candor, and Good Faith
 2001.01 Who Has Duty To Disclose
 2001.02 [Reserved]
 2001.03 To Whom Duty of Disclosure Is Owed
 2001.04 Information Under 37 CFR 1.56(a)
 2001.05 Materiality Under 37 CFR 1.56(b)
 2001.06 Sources of Information under 37 CFR 1.56
 2001.06(a) Prior Art Cited in Related Foreign Applications
 2001.06(b) Information Relating to or From Copending United States Patent Applications
 2001.06(c) Information From Related Litigation and/or Trial Proceedings
 2001.06(d) Information Relating to Claims Copied From a Patent
 2001.06(e) Information Relating to Regulatory Review
2002Disclosure — By Whom and How Made
 2002.01 By Whom Made
 2002.02 Must be in Writing
2003Disclosure __ When Made
 2003.01 Disclosure After Patent Is Granted
2004Aids to Compliance With Duty of Disclosure
2005Comparison to Requirements for Information
2006 – 2009[Reserved]
2010Office Handling of Duty of Disclosure/Inequitable Conduct Issues
2011Correction of Errors in Application
2012Reissue Applications Involving Issues of Fraud, Inequitable Conduct, and/or Violation of Duty of Disclosure
 2012.01 Collateral Estoppel
2013Protests Involving Issues of Fraud, Inequitable Conduct, and/or Violation of Duty of Disclosure
2014Duty of Disclosure in Reexamination Proceedings and Supplemental Examination
2015Duties of Disclosure and Reasonable Inquiry Arise in Dealings With Other Government Agencies
2016Fraud, Inequitable Conduct, or Violation of Duty of Disclosure Affects All Claims
2017 – 2022[Reserved]

Would you like more in-depth study materials than what we offer for free? If so, sign up for a Free Trial Account.

Our full Patent Bar review includes:

  • 12 hours of video training on the fundamentals of patent law.
  • An outlined, condensed version of the MPEP with summaries and key points pulled out.
  • Active learning instead of passive reading in as many opportunities as possible.
  • Watch videos, listen along with audio, and take 2,800+ questions throughout the course.
  • And much, much more ...