Can a reissue application be used to correct inequitable conduct?
Can a reissue application be used to correct inequitable conduct?
No, a reissue application cannot be used to correct inequitable conduct. The Manual of Patent Examining Procedure (MPEP) 2012 clearly states:
“A reissue application cannot be employed to ‘repair’ the effect of inequitable conduct or other fraud perpetrated on the Office, despite claims to the contrary.”
This means that if a patent was obtained through inequitable conduct, such as intentionally withholding material information from the USPTO, a reissue application is not the appropriate remedy. The proper course of action would typically involve addressing the inequitable conduct through other legal means, such as litigation or potentially a reexamination proceeding.
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