How does fraud or inequitable conduct affect reissue applications?
Fraud, inequitable conduct, or violation of duty of disclosure in the original patent application can significantly impact reissue applications. The MPEP states:
“Fraud” cannot be purged through the reissue process.
This means that if fraud was committed in the original application, it cannot be remedied by filing a reissue application. Furthermore, the MPEP notes:
Clearly, “fraud” practiced or attempted in an application which issues as a patent is “fraud” practiced or attempted in connection with any subsequent application to reissue that patent.
This indicates that fraud in the original application carries over to the reissue application. In cases where fraud or inequitable conduct is established, the reissue application may be rejected under 35 U.S.C. 251.
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