What is the significance of the September 16, 2012 date for reissue applications regarding fraud and inequitable conduct?
The September 16, 2012 date is significant for reissue applications regarding fraud and inequitable conduct because it marks a change in the examination process. According to MPEP 1448:
“Examination as to the lack of deceptive intent requirement in reissue applications filed before September 16, 2012 will continue but without any investigation of fraud, inequitable conduct, or duty of disclosure issues.”
For reissue applications filed on or after September 16, 2012, the lack of deceptive intent is no longer a requirement. This change aligns with the America Invents Act (AIA) amendments to the patent laws. As a result, the form paragraphs 14.21.09.fti and 14.22.fti, which are used for rejections based on fraud or inequitable conduct, are not applicable to reissue applications filed on or after September 16, 2012.
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