This is interesting. The new USPTO Rules permit (but do not require) a lawyer to disclose confidences to the PTO “to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client’s commission of a crime, fraud, or inequitable conduct before the Office in furtherance of which the client has used the lawyer’s services.” 37 C.F.R. 11.106(b)(3). (Subsection (c) of that rule imposes a mandatory obligation to disclose when needed to comply with inequitable conduct law.)
So, suppose after issuance Client tells you he had engaged in acts that, had the PTO known, would have barred the claim. Result?