What is the continuing duty of disclosure in a reissue application?
Reissue applicants have a continuing duty of disclosure throughout the reissue process. According to MPEP 1410:
“37 CFR 1.178(b) requires reissue applicants to call to the attention of the Office any prior or concurrent proceedings in which the patent (for which reissue is requested) is or was involved, such as interferences, reissues, reexaminations, or litigation (litigation covers any papers filed in the court or issued by the court, such as, for example, motions, pleadings, and court decisions including court orders) and the results of such proceedings. This duty is a continuing duty, and runs from the time the reissue application is filed until the reissue application is abandoned or issues as a reissue patent.“
This duty ensures that the USPTO is aware of all relevant information that might affect the reissue application. Applicants must disclose any proceedings involving the original patent, including court cases, other reissue applications, or reexaminations, throughout the entire reissue process.
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