Foreign Office Actions — The Question Of Disclosure

Law360, New York (August 4, 2009, 6:25 PM EDT) -- A patent may be rendered unenforceable for inequitable conduct if an applicant, with intent to mislead or deceive the examiner, fails to disclose information material to patentability or submits materially false information to the U.S. Patent and Trademark Office during prosecution of the application.

As recently noted by Federal Circuit Judge Richard Linn, the Federal Circuit’s recent proclamations addressing inequitable conduct have effectively adopted a simple negligence standard for proving deceptive intent, thereby perpetuating a return to the habit of charging inequitable conduct in almost every...
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