MPEP 2001.03
To Whom Duty of Disclosure Is Owed

Ninth Edition of the MPEP, Revision 07.2022, Last Revised in February 2023

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2001.03    To Whom Duty of Disclosure Is Owed [R-08.2017]

37 CFR 1.56(a) states that the "duty of candor and good faith" is owed "in dealing with the Office" and that all associated with the filing and prosecution of a patent application have a "duty to disclose to the Office" material information. This duty "in dealing with" and "to" the Office extends, of course, to all dealings which such individuals have with the Office, and is not limited to representations to or dealings with the examiner. For example, the duty would extend to proceedings before the Patent Trial and Appeal Board and the Office of the Commissioner for Patents.