Inequitable Conduct

Speak No Evil: When Must You Self-Report Your Misconduct To The USPTO

A court rules a patent attorney engaged in inequitable conduct. A client sues its trademark attorney for malpractice. A state bar files ethics charges against a patent practitioner. The police arrest a patent agent for domestic violence. A litigator is sanctioned by the PTAB under Rule 11.18 for making a frivolous argument. These are situations …

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Mixing Inventor And Patent Prosecutor Intent To Deceive: CleanTech Muddies Inequitable Conduct Law

Inequitable conduct is supposed to be personal to each individual who owes a duty of disclosure to the USPTO. Thus, just because an inventor may have knowingly and intentionally lied to the USPTO does not mean that prosecution counsel did so as well. Indeed, most prosecutors are in a position where they must rely upon …

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