How does fraud or inequitable conduct affect reissue applications?
Fraud, inequitable conduct, or violation of duty of disclosure in the original patent application can significantly impact reissue applications. The MPEP states: “Fraud” cannot be purged through the reissue process. This means that if fraud was committed in the original application, it cannot be remedied by filing a reissue application. Furthermore, the MPEP notes: Clearly,…
Read MoreWhat happens if fraud is discovered during a reissue application?
What happens if fraud is discovered during a reissue application? If fraud is discovered during the examination of a reissue application, the examiner must take specific actions. According to MPEP 2012: “Where the examiner discovers or is made aware of fraud during the examination of a reissue application, the examiner should consult with the Technology…
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