37 CFR 1.56 says:
The duty to disclose information exists with respect to each pending claim until the claim is cancelled or withdrawn from consideration, or the application becomes abandoned.
Therefore, questions are:
- Are claims "pending" until the date of issue (i.e. still after notice of allowance, and after issue fee is paid)?
- What happens if you come across material information (e.g. a search report from a foreign office action) the day before the patent issues (or immediately before whatever the appropriate duty of disclosure deadline is)? Must you disclose it/withdraw and file an RCE/etc., or is it not necessary to disclose, e.g., due to the "3 month" period that is often referenced with respect to IDSes?