Can a patent be reissued if fraud was committed in the original application?
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…
Read MoreCan 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…
Read MoreCan a reissue application be used to correct inequitable conduct?
Can a reissue application be used to correct inequitable conduct? No, a reissue application cannot be used to correct inequitable conduct. The Manual of Patent Examining Procedure (MPEP) 2012 clearly states: “A reissue application cannot be employed to ‘repair’ the effect of inequitable conduct or other fraud perpetrated on the Office, despite claims to the…
Read MoreWhat is the requirement for ‘lack of deceptive intention’ in reissue applications?
For reissue applications filed before September 16, 2012, there was a specific requirement regarding ‘lack of deceptive intention’. The MPEP states: For reissue applications filed prior to September 16, 2012, both pre-AIA 35 U.S.C. 251 and pre-AIA 37 CFR 1.175 require that the reissue oath or declaration must state that the error arose “without any…
Read MoreHow does inequitable conduct in one patent affect related patents or applications?
Inequitable conduct in one patent can have far-reaching consequences for related patents or applications. The MPEP provides insight into this issue: Clearly, where several patents or applications stem from an original application which contained fraudulent claims ultimately allowed, the doctrine of unclean hands bars allowance or enforcement of any of the claims of any of…
Read MoreWhat is the relationship between fraud in the original patent and a reissue application?
The MPEP clearly establishes a direct relationship between fraud in the original patent and any subsequent reissue application. It states: Clearly, “fraud” practiced or attempted in an application which issues as a patent is “fraud” practiced or attempted in connection with any subsequent application to reissue that patent. The reissue application and the patent are…
Read MoreHow 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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