What is the duty of disclosure in reexamination proceedings?
What is the duty of disclosure in reexamination proceedings?
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.
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