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2010 Office Handling of Duty of Disclosure/Inequitable Conduct Issues

MPEP SECTION SUMMARY A determination of inequitable conduct or a deceptive intention by the applicant requires a high level of proof. This section further discusses how the Office handles duty of disclosure/inequitable conduct issues along with a definition of collateral estoppel.

-the Office does not investigate and reject original or reissue applications under 37 C.F.R. 1.56 (the duty to disclose)

-a court is presently the best forum to consider duty of disclosure issues for finding an “intent to mislead”

-collateral estoppel:

• once a patent is declared invalid, a collateral estoppel barrier is created against any further litigation and the PTO will not review any other matters concerning it

 

» 2016 Fraud, inequitable conduct, or violation of duty of disclosure affects all claims