What is the duty of disclosure in inter partes reexamination proceedings?

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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. The duty of disclosure in inter partes reexamination proceedings is defined in 37 CFR 1.933 . It requires that: “ Each individual associated with the patent owner in an inter partes reexamination proceeding has a duty of candor and good faith in dealing with the Office, which includes a duty to disclose to the Office all information known to that individual to be material to patentability in a reexamination proceeding as set forth in § 1.555(a) and (b) .” This duty is similar to the duty of disclosure in ex parte reexamination proceedings and patent applications. It ensures that the USPTO has all relevant information when evaluating patentability. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2684 No Inter Partes Reexamination After September 16, 2012 MPEP 2684 Director Can Order Ex Parte Reexamination Without Request MPEP 2239 Permitted Refund of Ex Parte Reexamination Fee When No New Question Found MPEP 2240 Claims Must Be Discussed in Reexamination Order MPEP 2243 Recommended Patent Owner Can Submit Any Relevant Information MPEP 2003.01 Permitted Substantial New Question of Patentability Requires Ex Parte Reexamination MPEP 2246 Old Art Can Support New Question of Patentability MPEP 2242 Permitted Any Relevant Information Allowed in Supplemental Examination MPEP 2003.01 Permitted Ex Parte Reexamination Consideration Limited to Patents and Publications MPEP 2217 Other Related FAQs 5 FAQs Collapse What are the consequences of violating the duty of disclosure in inter partes reexamination? Who is responsible for compliance with the duty of disclosure in inter partes reexamination? How can ...