What are the special circumstances for rejecting a reissue application based on fraud or inequitable conduct?

Special circumstances for rejecting a reissue application based on fraud or inequitable conduct include:

• An explicit admission of fraud, inequitable conduct, or violation of the duty of disclosure
• A judicial determination of fraud, inequitable conduct, or violation of the duty of disclosure

MPEP 1448 states: “An admission or judicial determination of fraud, inequitable conduct, or violation of the duty of disclosure is a special circumstance, because no investigation need be made.” However, it’s important to note that “Any admission of fraud, inequitable conduct or violation of the duty of disclosure must be explicit, unequivocal, and not subject to other interpretation.”

To learn more:

• reissue applications
• fraud
• inequitable conduct
• duty of disclosure
• special circumstances
• rejection