What information must be disclosed in reexamination proceedings?
In reexamination proceedings, individuals associated with the patent owner must disclose all information known to be material to patentability. According to MPEP 2014:
“The duty to disclose the information exists with respect to each claim pending in the reexamination proceeding until the claim is cancelled. Information material to the patentability of a cancelled claim need not be submitted if the information is not material to patentability of any claim remaining under consideration in the reexamination proceeding.”
This means that any information that could affect the patentability of pending claims must be disclosed. For specific guidelines on what is considered material to patentability, refer to MPEP § 2258 for ex parte reexamination and MPEP § 2658 for inter partes reexamination.
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