Can a reissue application be used to correct inequitable conduct?

Can a reissue application be used to correct inequitable conduct?

No, a reissue application cannot be used to correct inequitable conduct. The Manual of Patent Examining Procedure (MPEP) 2012 clearly states:

“A reissue application cannot be employed to ‘repair’ the effect of inequitable conduct or other fraud perpetrated on the Office, despite claims to the contrary.”

This means that if a patent was obtained through inequitable conduct, such as intentionally withholding material information from the USPTO, a reissue application is not the appropriate remedy. The proper course of action would typically involve addressing the inequitable conduct through other legal means, such as litigation or potentially a reexamination proceeding.

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Topics: And/Or Violation Of Duty Of Disclosure, Inequitable Conduct, MPEP 2000 - Duty Of Disclosure, MPEP 2012 - Reissue Applications Involving Issues Of Fraud, Patent Law, Patent Procedure
Tags: inequitable conduct, Patent correction, reissue application