subject: Your Patent May Be Dismissed Read This Time Sensitive Report [print this page] The mission in the Patent Place of work would be to ensure the patent system contributes to a strong economy, encourages innovation, and fosters entrepreneurial spirit. In pursuit of this mission, the Patent Business office examines patent applications and problems patents after applicants satisfy the statutory requirements for patent protection.
Once the Patent Business office problems a patent, the patent owner might judicially enforce the rights vested inside the patent by filing a patent infringement claim in federal court. An alleged infringer may possibly defend against an infringement claim by asserting that the patent owner failed to comply with his duty of candor and great faith towards the Patent Office during the prosecution from the patent, thereby committing inequitable perform.
The Patent Office imposes a duty of candor and great faith on each individual associated using the filing and prosecution of the patent application. This duty extends to the patent applicant and his representatives, for instance attorneys and patent agents that assist in the prosecution or preparation in the patent.
A breach of this duty constitutes inequitable perform when an affirmative misrepresentation of a material fact, failure to disclose material details, or submission of false material details couples with intent to deceive or mislead the Patent Office. Simply because courts presume a patent is valid, a party seeking to render a patent unenforceable due to inequitable carry out must prove both materiality and intent by clear and convincing evidence.
As soon as a threshold acquiring of materiality and intent are established, the court balances the materiality of the data using the intent from the accused to determine if the equities warrant a conclusion of inequitable carry out. A finding of inequitable execute renders all claims of the patent unenforceable and may adversely affect related patents contaminated by the inequitable execute.
