Former PTO Chief Weighs In On Inequitable Conduct

Law360, New York (March 11, 2008, 12:00 AM EDT) -- A former commissioner of the U.S. Patent and Trademark Office has expressed concern over an ongoing fight involving a provision of the Senate's Patent Reform Act that deals with the inequitable conduct doctrine.

In a letter to Sens. Patrick Leahy (D-Vt.) and Arlen Specter (R-Pa.), former PTO Commissioner Harry F. Manbeck argued that it would be unwise to “eviscerate the doctrine as it now stands,” while conceding that some legislative modification may be justified.

The inequitable conduct doctrine allows a judge to render a patent unenforceable...
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