What is the duty of disclosure in inter partes reexamination proceedings?
The duty of disclosure in inter partes reexamination proceedings is defined in 37 CFR 1.933. It requires that:
“Each individual associated with the patent owner in an inter partes reexamination proceeding has a duty of candor and good faith in dealing with the Office, which includes a duty to disclose to the Office all information known to that individual to be material to patentability in a reexamination proceeding as set forth in § 1.555(a) and (b).”
This duty is similar to the duty of disclosure in ex parte reexamination proceedings and patent applications. It ensures that the USPTO has all relevant information when evaluating patentability.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2684 - Information Material To Patentability In Reexamination Proceeding,
Patent Law,
Patent Procedure