What are the consequences of failing to comply with the duty of disclosure in reexamination proceedings?

Question

Accepted Answer

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. Failing to comply with the duty of disclosure in reexamination proceedings can have serious consequences. MPEP 2280 states: “Any fraud practiced or attempted on the Office or any violation of the duty of disclosure through bad faith or intentional misconduct by any such individual results in noncompliance with 37 CFR 1.555(a).” The consequences of non-compliance include: Diminishing the quality and reliability of the reexamination certificate Potential allegations of inequitable conduct Possible unenforceability of the patent While the USPTO does not evaluate compliance during the reexamination, issues raised will be noted as unresolved questions under 37 CFR 1.552(c). It’s crucial for all individuals involved to maintain candor and good faith throughout the proceeding. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Material to Patentability Standard for Ex Parte Reexamination MPEP 2280 Applicant Refers to Patent Owner in Ex Parte Reexamination MPEP 2280 Ex Parte Reexamination Material Limited to Patents and Publications MPEP 2280 Individuals Involved Must Disclose Information to Patent Owner or Attorney MPEP 2280 Permitted Ex Parte Reexamination Not Limited to Patents and Printed Publications MPEP 2280 No Duty to Submit Non-Material Information During Reexamination MPEP 2280 Continuing Disclosure Requirement During Reexamination MPEP 2280 Required Disclosure Obligation for Patent Owner and Representatives MPEP 2280 Patent Owner Can Disclose Information to Reexamination Agent MPEP 2280 Permitted Quality of Reexamination Certificate Diminished by Non-Compliance MPEP 2280 Other Related FAQs 5 FAQs Collapse How does the best mode requirement apply in reexamination...