Sources of Information under 37 CFR 1.56

All individuals covered by

37 CFR 1.56

(reproduced in

MPEP §

2001.01

) have a duty to disclose to the U.S. Patent and

Trademark Office all material information they are

aware

of

regardless of the source of or how they become aware of the information. See

Brasseler, U.S.A. I, L.P. v. Stryker Sales Corp

., 267 F.3d 1370,

1383, 60 USPQ2d 1482, 1490 (Fed. Cir. 2001) (“Once an attorney, or an applicant has

notice that information exists that appears material and questionable, that person

cannot ignore that notice in an effort to avoid his or her duty to disclose.”).

Materiality controls whether information must be disclosed to the Office, not the

circumstances under which or the source from which the information is obtained. If

material, the information must be disclosed to the Office. The duty to disclose material

information extends to information such individuals are aware of prior to or at the time

of filing the application or become aware of during the prosecution thereof before the

application is granted.

Individuals covered by

37 CFR 1.56

may be or become aware

of material information from various sources such as, for example, co-workers, trade

shows, communications from or with competitors, potential infringers, or other third

parties, related foreign applications (see

MPEP § 2001.06(a)

), prior or copending

United States patent applications (see

MPEP § 2001.06(b)

), related litigation

and/or post-grant proceedings (see

MPEP § 2001.06(c)

), preliminary

examination searches and supporting information related to regulatory review (see

MPEP §

2001.06(e)

).