MPEP Section 2014, Duty of Disclosure in Reexamination Proceedings

Executive summary:

This document contains Section 2014 ("Duty of Disclosure in Reexamination Proceedings ") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

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2014 Duty of Disclosure in Reexamination Proceedings [R-2]

As provided in 37 CFR 1.555, the duty of disclosure in >both ex parte and inter partes< reexamination proceedings applies to the patent owner. That duty is a continuing obligation on the part of the patent owner throughout the proceedings. However, issues of "fraud," " inequitable conduct," or "violation of duty of disclosure" are not considered in reexamination. See MPEP § 2280 >for ex parte reexamination proceedings and MPEP § 2684 for inter partes reexamination proceedings<. If questions of "fraud" or "inequitable conduct" or "violation of the duty of disclosure" are discovered during reexamination proceedings, the existence of such questions will be noted by the examiner in an Office action without further comment. See MPEP § 2258 >for ex parte reexamination proceedings and MPEP § 2658 for inter partes reexamination proceedings<.

For the patent owner's duty to disclose prior or concurrent proceedings in which the patent is or was involved, see MPEP § 2282 >(for ex parte reexamination), § 2686 (for inter partes reexamination),< and § 2001.06(c).