MPEP § 2013 — MPEP § 2013
Current through: 2022-07-01

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

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 2000 

 Section 2013 
 

 
 
 
 
 
 2013 Protests Involving Issues of Fraud, Inequitable Conduct, and/or
 Violation of Duty of Disclosure [R-08.2017]
 

 37 CFR
 1.291 permits protests by the public against pending applications. 
 

 Submissions under 37 CFR 1.291 are not limited to prior
 art documents such as patents and publications, but are intended to include any
 information, which in the protestor’s opinion, would make or have made the grant of the
 patent improper (see MPEP §
 1901.02 ). This includes, of course, information indicating the
 presence of “fraud” or “inequitable conduct” or “violation of the duty of disclosure,”
 which will be entered in the application file, generally without comment on the inequitable
 conduct issues raised in it.
 

 Protests should be in conformance with 37 CFR 1.291(a) and (b) , and include a
 statement of the alleged facts involved, the point or points to be reviewed, and the action
 requested. Any briefs or memoranda in support of the petition, and any affidavits,
 declarations, depositions, exhibits, or other material in support of the alleged facts,
 should accompany the protest.
 

 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 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 20:49:31