What are the consequences of failing to disclose material information in reexamination?
What are the consequences of failing to disclose material information in reexamination?
Failing to disclose material information in reexamination proceedings can have serious consequences. While MPEP 2280 does not explicitly detail the consequences, it emphasizes the importance of the duty of disclosure:
“The duty of disclosure requirements for individuals associated with the patent owner in a reexamination proceeding is the same as for individuals associated with the patent owner in a reissue application.”
The consequences of failing to disclose material information can include:
- Unenforceability of the patent due to inequitable conduct
- Potential disciplinary action against patent practitioners
- Damage to the credibility of the patent owner in future proceedings
It’s crucial for patent owners and their representatives to take the duty of disclosure seriously and err on the side of disclosure when in doubt about the materiality of information. Consulting with a qualified patent attorney is advisable to ensure compliance with disclosure requirements in reexamination proceedings.
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