What is the duty of disclosure in ex parte reexamination proceedings?
The duty of disclosure in ex parte reexamination proceedings filed under 35 U.S.C. 302 applies to the patent owner, attorneys or agents representing the patent owner, and individuals substantively involved on behalf of the patent owner. This duty requires disclosing all information known to be material to patentability.
As stated in MPEP 2280: “The continuing obligation during the reexamination proceeding is that any such individual to whom the duty applies who is aware of, or becomes aware of, patents or printed publications which (A) are material to patentability in a reexamination proceeding, and (B) which have not previously been made of record in the patent file, must bring such patents or printed publications to the attention of the Office.”
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