What is the duty of disclosure in reexamination proceedings?

What is the duty of disclosure in reexamination proceedings?

The duty of disclosure in reexamination proceedings is a crucial aspect of patent law. According to MPEP 2280, “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.” This means that patent owners and their representatives have an ongoing obligation to disclose information material to patentability throughout the reexamination process.

The MPEP further states: “The patent owner has a duty to disclose to the Office all information known to that individual to be material to patentability in a reexamination proceeding.” This duty extends to information that becomes known to the patent owner during the reexamination proceeding.

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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
Tags: duty of disclosure, MPEP 2280, patent law, reexamination proceedings