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

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.

To learn more:

• duty of disclosure
• reexamination proceedings
• non-compliance
• consequences
• patent law