MPEP § 2002 — MPEP § 2002
Current through: 2022-07-01

2002-Disclosure — By Whom and How Made 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2000 

 Section 2002 
 

 
 
 
 
 
 2002 Disclosure — By Whom and How Made [R-08.2012]

 
 37 CFR 1.56 Duty to disclose information material to patentability. 

 *****

 
 (d) Individuals other than the attorney, agent or inventor may comply
 with this section by disclosing information to the attorney, agent, or
 inventor.
 

 
 *****

 

 
 2002.01 By Whom Made [R-08.2012]

 37 CFR
 1.56(d) makes clear that information may be disclosed to the
 Office through an attorney or agent of record or through a pro se 
 inventor, and that other individuals may satisfy their duty of disclosure to the Office
 by disclosing information to such an attorney, agent, or inventor who then is
 responsible for disclosing the same to the Office. Information that is not material need
 not be passed along to the Office.
 

 

 
 2002.02 Must be in Writing [R-07.2022]

 
 37 CFR 1.2 Business to be transacted in writing. 

 All business with the Patent and Trademark Office should be
 transacted in writing. The personal attendance of applicants or their attorneys or
 agents at the Patent and Trademark Office is unnecessary. The action of the Patent
 and Trademark Office will be based exclusively on the written record in the Office.
 No attention will be paid to any alleged oral promise, stipulation, or understanding
 in relation to which there is disagreement or doubt.
 

 

 
 37 CFR 1.4 Nature of correspondence and signature requirements. 

 *****

 
 (b) Since each file must be complete in itself, a separate copy of
 every paper to be filed in a patent application, patent file, or other
 proceeding must be furnished for each file to which the paper pertains, even
 though the contents of the papers filed in two or more files may be identical.
 The filing of duplicate copies of correspondence in the file of an application,
 patent, or other proceeding should be avoided, except in situations in which
 the Office requires the filing of duplicate copies. The Office may dispose of
 duplicate copies of correspondence in the file of an application, patent, or
 other proceeding.
 

 
 *****

 

 A disclosure under 37 CFR 1.56 must be in writing as
 prescribed by 37 CFR
 1.2 , and a copy of any such disclosure must be filed in each
 application or other proceeding to which the disclosure pertains ( 37 CFR 1.4(b) ).
 “The presentation to the Office (whether by signing, filing, or submitting) of any paper
 by a party, whether a practitioner or non-practitioner, constitutes a certification
 under §
 11.18(b) .” 37 CFR 1.4(d)(4)(i) .
 37 CFR
 11.18(b) includes paragraph (b)(2), which calls for a duty of
 reasonable inquiry to ensure that the paper is not being presented for any improper
 purpose, the legal contentions are warranted by law, the allegations and other factual
 contentions have evidentiary support, and the denials of factual contentions are
 warranted on the evidence.
 

 

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 2000-Duty of Disclosure 
 2000.01-Introduction 

 
 

 2001-Duty 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 

 
 

 
 

 2002-Disclosure — By Whom and How Made 
 2002.01-By Whom Made 

 2002.02-Must be in Writing 

 
 

 2003-Disclosure __ When Made 
 2003.01-Disclosure After Patent Is Granted 

 
 

 2004-Aids to Compliance With Duty of Disclosure 

 2005-Comparison to Requirements for Information 

 2006‑2009-[Reserved] 

 2010-Office Handling of Duty of Disclosure/Inequitable Conduct Issues 

 2011-Correction of Errors in Application 

 2012-Reissue Applications Involving Issues of Fraud, Inequitable Conduct, and/or Violation of Duty of Disclosure 
 2012.01-Collateral Estoppel 

 
 

 2013-Protests Involving Issues of Fraud, Inequitable Conduct, and/or Violation of Duty of Disclosure 

 2014-Duty of Disclosure in Reexamination Proceedings and Supplemental Examination 

 2015-Duties of Disclosure and Reasonable Inquiry Arise in Dealings With Other Government Agencies 

 2016-Fraud, Inequitable Conduct, or Violation of Duty of Disclosure Affects All Claims 

 2017‑2022-[Reserved] 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:50:38