How does the duty of disclosure differ in supplemental examination?
The duty of disclosure in supplemental examination is similar to reexamination proceedings, but with some key differences. According to MPEP 2014:
“In supplemental examination, the duty of disclosure applies to the patent owner and individuals associated with the patent owner as defined in 37 CFR 1.555. However, as provided by 37 CFR 1.625(d)(4), information material to patentability is defined by 37 CFR 1.56 in supplemental examination and any ex parte reexamination proceeding ordered under 35 U.S.C. 257.”
This means that while the same individuals are subject to the duty of disclosure, the definition of what is considered material to patentability follows the standard set in 37 CFR 1.56 for supplemental examination, rather than the specific guidelines for reexamination proceedings.
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