What is the duty to disclose information in reexamination or supplemental examination proceedings?

In reexamination or supplemental examination proceedings, there is a duty to disclose information material to patentability. According to MPEP 1418:

“The duty to disclose information material to patentability in reexamination proceedings … is based on 37 CFR 1.555(a) and (b). In addition, for supplemental examination proceedings, 37 CFR 1.620(c) imposes a duty on the patent owner to disclose to the Office during the supplemental examination proceeding other prior art known to the patent owner to be material to patentability.”

This means patent owners must inform the USPTO of any information they know that could affect the patentability of their invention during these proceedings.

To learn more:

• reexamination
• supplemental examination
• duty to disclose
• material information
• patentability