How does fraud or inequitable conduct affect reissue applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Fraud, inequitable conduct, or violation of duty of disclosure in the original patent application can significantly impact reissue applications. The MPEP states: “Fraud” cannot be purged through the reissue process. This means that if fraud was committed in the original application, it cannot be remedied by filing a reissue application. Furthermore, the MPEP notes: Clearly, “fraud” practiced or attempted in an application which issues as a patent is “fraud” practiced or attempted in connection with any subsequent application to reissue that patent. This indicates that fraud in the original application carries over to the reissue application. In cases where fraud or inequitable conduct is established, the reissue application may be rejected under 35 U.S.C. 251 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Fraud Cannot Be Purged Through Reissue Process MPEP 2012 Prohibited Fraud Cannot Be Purged Through Reissue Process MPEP 2012 Reissue Application Inseparable from Original Patent for Fraud and Duty of Disclosure Issues MPEP 2012 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Fraud in Original Application Affects Reissue MPEP 2012 Reissue Application Should Not Be Allowed Due to Fraud During Prosecution MPEP 2012 Recommended Examination of Resissue Applications Involving Fraud, Inequitable Conduct, and/or Violation of Duty of Disclosure MPEP 2012 Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Reissue Applications Before September 16, 2012 Require No Deceptive Intent MPEP 2012 Other Related FAQs 5 FAQs Collapse Can a patent be re...