What is the duty of disclosure in reexamination proceedings?

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 reexamination proceedings is a crucial aspect of patent law. According to MPEP 2280, “The duty of disclosure requirements for individuals associated with the patent owner in a reexamination proceeding is the same as for individuals associated with the patent owner in a reissue application.” This means that patent owners and their representatives have an ongoing obligation to disclose information material to patentability throughout the reexamination process.

The MPEP further states: “The patent owner has a duty to disclose to the Office all information known to that individual to be material to patentability in a reexamination proceeding.” This duty extends to information that becomes known to the patent owner during the reexamination proceeding.