Who has the duty of disclosure in reexamination proceedings?

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.

To learn more:

• Duty of Disclosure
• Reexamination
• Patent Owner
• Patent Attorney
• USPTO