How does the USPTO handle admissions of fraud or inequitable conduct in reissue applications?
For reissue applications filed before September 16, 2012, the USPTO handles admissions of fraud or inequitable conduct carefully. According to MPEP 1448:
“Where a rejection is made based upon such an admission (see form paragraph 14.22.fti below) and applicant responds with any reasonable interpretation of the facts that would not lead to a conclusion of fraud, inequitable conduct or violation of the duty of disclosure, the rejection should be withdrawn. Alternatively, if applicant argues that the admission noted by the examiner was not in fact an admission, the rejection should also be withdrawn.”
It’s important to note that any admission must be “explicit, unequivocal, and not subject to other interpretation.” The USPTO will not use external information that the examiner believes to be an admission by the applicant.
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