MPEP § 2010 — MPEP § 2010
Current through: 2022-07-01

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

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2000 

 Section 2010 
 

 
 
 
 
 
 2010 Office Handling of Duty of Disclosure/Inequitable Conduct
 Issues [R-08.2017]
 

 It is the courts and not the Office that are in the best position to
 fashion an equitable remedy to fit the precise facts in those cases where inequitable
 conduct is established. Furthermore, inequitable conduct is not set by statute as a
 criteria for patentability but rather is a judicial application of the doctrine of unclean
 hands which is appropriate to be handled by the courts rather than by an administrative
 body. Because of the lack of tools in the Office to deal with this issue and because of its
 sensitive nature and potential impact on a patent, examiner determinations generally will
 not deter subsequent litigation of the same issue in the courts on appeal or in separate
 litigation. In addition, examiner determinations would significantly add to the expense and
 time involved in obtaining a patent with little or no benefit to the patent owner or any
 other parties with an interest.
 

 Accordingly, the examiner does not investigate and reject original or
 reissue applications under 37 CFR 1.56 . Likewise, the examiner
 will not comment upon duty of disclosure issues which are brought to the attention of the
 Office except to note, in appropriate circumstances, that such issues are not considered by
 the examiner during examination of patent applications, or during reexamination proceedings
 or supplemental examination. 
 

 Issues of fraud and/or inequitable conduct in an interference proceeding
 before the Board may be considered by the Board if there is a showing of good cause.
 

 [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