How does the duty of disclosure differ between ex parte reexamination under 35 U.S.C. 302 and 35 U.S.C. 257?
The duty of disclosure differs between ex parte reexamination proceedings under 35 U.S.C. 302 and 35 U.S.C. 257. MPEP 2280 explains:
“The material to patentability standard set forth in 37 CFR 1.56(b), which is applicable to patent applications, and not the standard set forth in 37 CFR 1.555(b), applies in ex parte reexamination proceedings ordered under 35 U.S.C. 257 (as a result of a supplemental reexamination proceeding).”
Key differences:
- 35 U.S.C. 302 proceedings: Limited to patents and printed publications
- 35 U.S.C. 257 proceedings: Not limited to patents and printed publications, similar to patent application examination
This distinction affects what information must be disclosed in each type of proceeding.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2280 - Information Material To Patentability In Reexamination Proceeding Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure