What information must be disclosed in reexamination proceedings?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Owner Must Disclose Material Information MPEP 2014 Patent Owner Must Disclose Material Information During Supplemental Examination and Reexamination MPEP 2014 Permitted Patent Owner Must Disclose Prior or Concurrent Proceedings Involving Patent MPEP 2014 All Material Information Must Be Disclosed During Reexamination MPEP 2014 Duty to Disclose Material Information in Reexamination MPEP 2014 Disclosure Requirement for Each Claim Pending MPEP 2014 Admissions by Patent Owner Must Be Used in Reexamination MPEP 2258 Permitted Individuals Must Disclose Material Information MPEP 2000 Disclosure Required for Supplemental Examination Proceedings MPEP 2014 Patent Owner and Representatives Must Disclose Material Information MPEP 2014 Other Related FAQs 5 FAQs Collapse How does the duty of disclosure differ in supplemental examination? ...