What is the duty of disclosure in a reissue application?
The duty of disclosure in a reissue application is the same as for any other nonprovisional application. Applicants have a continuing obligation under 37 CFR 1.56 to disclose all information known to be material to patentability. The MPEP states:
“A reissue application is subject to the same duty of disclosure requirements as is any other nonprovisional application. A person may not execute an oath or declaration unless that person is ‘aware of the duty to disclose to the Office all information known to the person to be material to patentability as defined in § 1.56.'”
This duty is ongoing throughout the prosecution of the reissue application. Applicants can use 37 CFR 1.97 and 37 CFR 1.98 to submit information disclosure statements (IDS) to comply with this duty. However, it’s important to note that submitting an IDS does not relieve the applicant of other duties under 37 CFR 1.175, such as stating “at least one error being relied upon” for the reissue.
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