How does the USPTO handle fraud, inequitable conduct, or duty of disclosure issues in reissue applications?
The USPTO does not investigate or reject reissue applications under 37 CFR 1.56. As stated in MPEP 1448: “The Office will not comment upon duty of disclosure issues which are brought to the attention of the Office in reissue applications except to note in the application, in appropriate circumstances, that such issues are no longer considered by the Office during its examination of patent applications.”
For reissue applications filed before September 16, 2012, the USPTO will continue to examine the lack of deceptive intent requirement, but without investigating fraud, inequitable conduct, or duty of disclosure issues. The applicant’s statement in the reissue oath or declaration regarding lack of deceptive intent is generally accepted as dispositive, except in special circumstances.
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