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…
Read MoreHow can a patent owner satisfy the duty of disclosure in an inter partes reexamination?
According to 37 CFR 1.933(a), a patent owner can satisfy the duty of disclosure in an inter partes reexamination by: “The duty to disclose all information known to be material to patentability in an inter partes reexamination proceeding is deemed to be satisfied by filing a paper in compliance with the requirements set forth in…
Read MoreWho is responsible for compliance with the duty of disclosure in inter partes reexamination?
The responsibility for compliance with the duty of disclosure in inter partes reexamination rests with specific individuals. According to 37 CFR 1.933(b): “The responsibility for compliance with this section rests upon the individuals designated in paragraph (a) of this section, and no evaluation will be made by the Office in the reexamination proceeding as to…
Read MoreWhat is the duty of disclosure in inter partes reexamination proceedings?
The duty of disclosure in inter partes reexamination proceedings is defined in 37 CFR 1.933. It requires that: “Each individual associated with the patent owner in an inter partes reexamination proceeding has a duty of candor and good faith in dealing with the Office, which includes a duty to disclose to the Office all information…
Read MoreWhat are the consequences of violating the duty of disclosure in inter partes reexamination?
The consequences of violating the duty of disclosure in inter partes reexamination can be severe. According to the MPEP 2684: “Any fraud practiced or attempted on the Office or any violation of the duty of disclosure through bad faith or intentional misconduct results in noncompliance with 37 CFR 1.555(a).“ While the specific consequences are not…
Read More