Bottom Line: Inequitable conduct is an often raised defense but rarely successful. As such, the courts have been shifting the burden of providing inequitable conduct so that the courts can get to the merits of the case more often. The failure to disclose material information to the patent office that may lead the examiner to reject a patent application during patent … [Read more...]
Failure to Disclose
All persons involved with the preparation of a patent application has an affirmative duty to disclose relevant information to the patent examiner. Any failure to disclose information the person had a duty to disclose is grounds for a charge of inequitable conduct and invalidation of the patent.