Who has the duty of disclosure in reexamination proceedings?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. According to MPEP 2014 , the individuals who have a duty of disclosure in reexamination proceedings are: The patent owner Each attorney or agent representing the patent owner Every other individual who is substantively involved on behalf of the patent owner in the reexamination proceeding As stated in 37 CFR 1.555(a) : “The individuals who have a duty to disclose to the Office all information known to them to be material to patentability in a reexamination proceeding are the patent owner, each attorney or agent who represents the patent owner, and every other individual who is substantively involved on behalf of the patent owner in a reexamination proceeding.” This duty is a continuing obligation throughout the reexamination proceedings. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Disclosure Required for Supplemental Examination Proceedings MPEP 2014 Duty to Disclose Material Information in Reexamination MPEP 2014 Patent Owner and Representatives Must Disclose Material Information MPEP 2014 Duty to Disclose Material Information MPEP 2000.01 Disclosure Obligation for Patent Owner and Associates in Reexamination MPEP 2014 Patent Owner Must Disclose Material Information MPEP 2014 Patent Owner Must Disclose Prior or Concurrent Proceedings Involving Patent MPEP 2014 Patent Owner Must Disclose Material Information During Supplemental Examination and Reexamination MPEP 2014 Permitted Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Duty to Disclose Material Information to USPTO MPEP 2000 Other Related FAQs 5 FAQs Collapse How does the duty of disclosure differ in supplemental examination? What happens if fraud is suspected...