Can a reissue application be used to submit previously withheld information?
Can a reissue application be used to submit previously withheld information?
While a reissue application can be used to submit previously withheld information, it cannot cure or remedy the original withholding if it constituted inequitable conduct. The MPEP 2012 states:
“In cases where an applicant seeks to use a reissue application to submit previously withheld information, such as prior art references, the examiner should consider the information submitted with the reissue application and make appropriate prior art rejections where warranted.”
However, it’s important to note that submitting the previously withheld information through a reissue application does not automatically resolve any issues related to the original withholding. The examiner will consider the new information in the context of the reissue application, but the act of submitting it does not erase any potential inequitable conduct that may have occurred during the original application process.
To learn more: