How does the duty to disclose apply in reexamination proceedings?
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.
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