What if not all patent owners can participate in filing a supplemental examination request?
In rare circumstances, the USPTO may allow less than all patent owners to file a request for supplemental examination. According to MPEP 2803: “The Office may, under rare circumstances, permit less than all of the owners to file a request for supplemental examination if a grantable petition under 37 CFR 1.183 requesting waiver of the…
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…
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