Who has the duty of disclosure in reexamination proceedings?
According to MPEP 2014, the individuals who have a duty of disclosure in reexamination proceedings are: The patent owner Each attorney or agent representing the patent owner Every other individual who is substantively involved on behalf of the patent owner in the reexamination proceeding As stated in 37 CFR 1.555(a): “The individuals who have a…
Read MoreWhat information must be disclosed in reexamination proceedings?
In reexamination proceedings, individuals associated with the patent owner must disclose all information known to be material to patentability. According to MPEP 2014: “The duty to disclose the information exists with respect to each claim pending in the reexamination proceeding until the claim is cancelled. Information material to the patentability of a cancelled claim need…
Read MoreWhat happens if fraud is suspected during reexamination or supplemental examination?
If fraud is suspected during reexamination or supplemental examination, the USPTO has specific procedures in place. For reexamination proceedings, MPEP 2014 states: “Any fraud practiced or attempted on the Office or any violation of the duty of disclosure through bad faith or intentional misconduct by any such individual results in noncompliance with 37 CFR 1.555(a).…
Read MoreHow does the duty of disclosure differ in supplemental examination?
The duty of disclosure in supplemental examination is similar to reexamination proceedings, but with some key differences. According to MPEP 2014: “In supplemental examination, the duty of disclosure applies to the patent owner and individuals associated with the patent owner as defined in 37 CFR 1.555. However, as provided by 37 CFR 1.625(d)(4), information material…
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