What are the consequences of violating the duty of disclosure in patent term extension proceedings?
Violating the duty of disclosure in patent term extension proceedings can have serious consequences. The MPEP 2762 states:
“A determination of eligibility for an extension or the issuance of a certificate will not be made if clear and convincing evidence of fraud or attempted fraud on the Office or a Secretary is determined to be present, or the duty of disclosure is determined to have been violated through bad faith or gross negligence in connection with the patent term extension proceeding.”
This means that if fraud, attempted fraud, or a violation of the duty of disclosure through bad faith or gross negligence is found, the patent term extension may be denied. However, such determinations are expected to be rare, as noted in the MPEP.
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