How does the USPTO handle fraud, inequitable conduct, or duty of disclosure issues in reissue applications?
The USPTO does not investigate or reject reissue applications under 37 CFR 1.56. As stated in MPEP 1448: “The Office will not comment upon duty of disclosure issues which are brought to the attention of the Office in reissue applications except to note in the application, in appropriate circumstances, that such issues are no longer…
Read MoreHow does the USPTO handle admissions of fraud or inequitable conduct in reissue applications?
For reissue applications filed before September 16, 2012, the USPTO handles admissions of fraud or inequitable conduct carefully. According to MPEP 1448: “Where a rejection is made based upon such an admission (see form paragraph 14.22.fti below) and applicant responds with any reasonable interpretation of the facts that would not lead to a conclusion of…
Read MoreWhat are the special circumstances for rejecting a reissue application based on fraud or inequitable conduct?
Special circumstances for rejecting a reissue application based on fraud or inequitable conduct include: An explicit admission of fraud, inequitable conduct, or violation of the duty of disclosure A judicial determination of fraud, inequitable conduct, or violation of the duty of disclosure MPEP 1448 states: “An admission or judicial determination of fraud, inequitable conduct, or…
Read MoreWhat is the significance of the September 16, 2012 date for reissue applications regarding fraud and inequitable conduct?
The September 16, 2012 date is significant for reissue applications regarding fraud and inequitable conduct because it marks a change in the examination process. According to MPEP 1448: “Examination as to the lack of deceptive intent requirement in reissue applications filed before September 16, 2012 will continue but without any investigation of fraud, inequitable conduct,…
Read MoreWhat are the consequences of failing to notify the USPTO of prior or concurrent proceedings?
Failing to notify the USPTO of prior or concurrent proceedings can have serious consequences. According to MPEP 1418: “Failure to notify the Office of any prior or concurrent proceeding may result in sanctions under 37 CFR 11.18.” These sanctions can include disciplinary action against the patent practitioner or the patent owner. Additionally, failure to disclose…
Read More