Can a patent be reissued if fraud was committed in the original application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. No, a patent cannot be reissued if fraud was committed in the original application. The MPEP is clear on this point: It is clear that “fraud” cannot be purged through the reissue process. This statement is supported by case law, as the MPEP cites: Where such a condition [fraudulent or deceptive intention] is shown to exist the right to reissue the patent is forfeited. This quote is from In re Heany , 1911 C.D. 138, 180 (1911). The principle is further reinforced by the concept of ‘unclean hands’, which bars the allowance or enforcement of any claims stemming from an application containing fraud. If fraud is discovered in a reissue application, it should be rejected under 35 U.S.C. 251 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Fraud Cannot Be Purged Through Reissue Process MPEP 2012 Prohibited Fraud Cannot Be Purged Through Reissue Process MPEP 2012 Reissue Application Inseparable from Original Patent for Fraud and Duty of Disclosure Issues MPEP 2012 Fraudulent Claims Bar Enforcement of All Related Patents and Applications MPEP 2012 Reissue Application Should Not Be Allowed Due to Fraud During Prosecution MPEP 2012 Recommended Examination of Resissue Applications Involving Fraud, Inequitable Conduct, and/or Violation of Duty of Disclosure MPEP 2012 Fraud in Original Application Affects Reissue MPEP 2012 Reissue Applications Before September 16, 2012 Require No Deceptive Intent MPEP 2012 Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Other Related FAQs 5 FAQs Collapse How does fraud or inequitable conduct affect reissue applications? What happens if fraud is discovered...