How does the USPTO handle judicial determinations of fraud or inequitable conduct in reissue applications?
For reissue applications filed before September 16, 2012, the USPTO takes judicial determinations of fraud or inequitable conduct seriously. According to MPEP 1448: “Form paragraph 14.21.09.fti should be used for applications filed before September 16, 2012, where the examiner becomes aware of a judicial determination of fraud, inequitable conduct or violation of the duty of…
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