How does the USPTO handle questions of compliance with the duty of disclosure in inter partes reexamination?
The USPTO’s approach to handling questions of compliance with the duty of disclosure in inter partes reexamination is outlined in 37 CFR 1.933(b):
“If questions of compliance with this section are raised by the patent owner or the third party requester during a reexamination proceeding, they will be noted as unresolved questions in accordance with § 1.906(c).“
This means that the USPTO does not actively evaluate compliance with the duty of disclosure during the reexamination proceeding. If either the patent owner or the third party requester raises concerns about compliance, these issues are simply noted as unresolved questions. The USPTO does not make determinations on these matters within the context of the reexamination proceeding itself.
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