Can patent examiners reject applications based on duty of disclosure violations?
No, patent examiners do not reject applications based on duty of disclosure violations. According to MPEP 2010: “Accordingly, the examiner does not investigate and reject original or reissue applications under 37 CFR 1.56.” This means that even if an examiner suspects a violation of the duty of disclosure, they are not authorized to reject the application on these grounds.
The duty of disclosure, as outlined in 37 CFR 1.56, is enforced primarily through the courts rather than during the patent examination process. Issues related to the duty of disclosure are typically addressed in litigation settings, such as infringement lawsuits or patent validity challenges.
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2010 - Office Handling Of Duty Of Disclosure/Inequitable Conduct Issues,
Patent Law,
Patent Procedure