How can a patent owner satisfy the duty of disclosure in an inter partes reexamination?

According to 37 CFR 1.933(a), a patent owner can satisfy the duty of disclosure in an inter partes reexamination by:

“The duty to disclose all information known to be material to patentability in an inter partes reexamination proceeding is deemed to be satisfied by filing a paper in compliance with the requirements set forth in § 1.555(a) and (b).”

This means that patent owners should submit a paper to the USPTO that discloses all information known to be material to patentability, following the guidelines specified in 37 CFR 1.555(a) and (b). This typically involves submitting an Information Disclosure Statement (IDS) with relevant prior art and other material information.

To learn more:

• duty of disclosure
• inter partes reexamination
• patent owner
• material information
• Information Disclosure Statement