What are the special circumstances for rejecting a reissue application based on fraud or inequitable conduct?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 4 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. Special circumstances for rejecting a reissue application based on fraud or inequitable conduct include: An explicit admission of fraud, inequitable conduct, or violation of the duty of disclosure A judicial determination of fraud, inequitable conduct, or violation of the duty of disclosure MPEP 1448 states: “An admission or judicial determination of fraud, inequitable conduct, or violation of the duty of disclosure is a special circumstance, because no investigation need be made.” However, it’s important to note that “Any admission of fraud, inequitable conduct or violation of the duty of disclosure must be explicit, unequivocal, and not subject to other interpretation.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Admission of Fraud Must Be Explicit MPEP 1448 Required Rejection for Fraud or Inequitable Conduct in Pre-2012 Reissue MPEP 1448 Recommended Explicit Admission Required for Fraud, Inequitable Conduct, or Duty of Disclosure Violation MPEP 1448 Required Admission of Fraud Must Be Explicit MPEP 1448 Recommended Requirement for Determining Fraud, Inequitable Conduct, or Duty of Disclosure Violations MPEP 1448 Recommended Admission of Fraud Requires No Further Investigation MPEP 1448 Duty of Disclosure in Reissue Examination MPEP 1448 Duty of Disclosure Not Investigated in Reissues MPEP 1448 Requirement for Form Paragraph 14.22.fti Before September 16, 2012 MPEP 1448 Recommended Oath/Declaration of Lack of Deceptive Intent Is Dispositive in Reissues MPEP 1448 Other Related FAQs 4 FAQs Collapse What is the significance of the September 16, 2012 date for reissue applications regarding fraud and inequitable conduct? How does the USPTO handle admissions of ...