Can a reissue application be used to correct inequitable conduct?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Reissue Application Inseparable from Original Patent for Fraud and Duty of Disclosure Issues MPEP 2012 Reissue Application Should Not Be Allowed Due to Fraud During Prosecution MPEP 2012 Recommended Examination of Resissue Applications Involving Fraud, Inequitable Conduct, and/or Violation of Duty of Disclosure MPEP 2012 Fraud Cannot Be Purged Through Reissue Process MPEP 2012 Prohibited Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Reissue Applications Before September 16, 2012 Require No Deceptive Intent MPEP 2012 Fraud Cannot Be Purged Through Reissue Process MPEP 2012 Disclosure Requirement for Reissue Applications MPEP 2012 Other Related FAQs 5 FAQs Collapse What happens if fraud is discovered during a reissue application? How does fraud or inequitable conduct affect re...