Can a patent be reissued if fraud was committed in the original application?
No, a patent cannot be reissued if fraud was committed in the original application. The MPEP is clear on this point:
It is clear that “fraud” cannot be purged through the reissue process.
This statement is supported by case law, as the MPEP cites:
Where such a condition [fraudulent or deceptive intention] is shown to exist the right to reissue the patent is forfeited.
This quote is from In re Heany, 1911 C.D. 138, 180 (1911). The principle is further reinforced by the concept of ‘unclean hands’, which bars the allowance or enforcement of any claims stemming from an application containing fraud. If fraud is discovered in a reissue application, it should be rejected under 35 U.S.C. 251.
To learn more:
Topics:
And/Or Violation Of Duty Of Disclosure,
Inequitable Conduct,
MPEP 2000 - Duty Of Disclosure,
MPEP 2012 - Reissue Applications Involving Issues Of Fraud,
Patent Law,
Patent Procedure