Who is responsible for compliance with the duty of disclosure in inter partes reexamination?
The responsibility for compliance with the duty of disclosure in inter partes reexamination rests with specific individuals. According to 37 CFR 1.933(b):
“The responsibility for compliance with this section rests upon the individuals designated in paragraph (a) of this section, and no evaluation will be made by the Office in the reexamination proceeding as to compliance with this section.“
This means that each individual associated with the patent owner, as specified in 37 CFR 1.933(a), is responsible for complying with the duty of disclosure. This typically includes the patent owner, their attorneys or agents, and anyone else substantively involved in the reexamination proceeding.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2684 - Information Material To Patentability In Reexamination Proceeding,
Patent Law,
Patent Procedure