How does the duty to disclose apply in reexamination proceedings?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. The duty to disclose in reexamination proceedings is similar to that in patent applications, but applies to a slightly different group of individuals. According to the MPEP, for reexamination proceedings, the duty applies to: “the patent owner, each attorney or agent who represents the patent owner, and every other individual who is substantively involved on behalf of the patent owner in a reexamination proceeding.” ( 37 CFR 1.555(a) ) This means that in reexamination proceedings, the duty to disclose extends to the patent owner and their representatives, as well as anyone substantively involved in the reexamination on behalf of the patent owner. The principle of substantive involvement applies here as well, excluding clerical or administrative personnel from this duty. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Duty of Disclosure Applies to Individuals Only MPEP 2001.01 Requirement for Individuals Substantively Involved in Reexamination Proceedings MPEP 2001.01 Duty to Disclose Information Material to Patentability MPEP 2001.01 Duty to Disclose Material Information MPEP 2000.01 Duty to Disclose Material Information MPEP 2001.04 Duty to Disclose Information Material to Patentability MPEP 2001.01 AIA Amends Duty to Disclose Errors Without Deceptive Intent MPEP 2000 Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Other Related FAQs 5 FAQs Collapse Are inventors always subject to the duty to disclose? What is considered &#8216;substantive involvement&#8217; in a patent application? W...