The patent office provides due dates for various matters. Some of the due dates can be extended with payment of an extension fee. Responses or payment of maintenance fees can be paid even after all of the extensions have passed upon petition to the Patent Office. There are two types of petitions. (PTO Forms). One is based on an assertion that non-payment or non-response was … [Read more...]
Intent to Deceive
A person must have an intent to deceive the USPTO in withholding information during patent prosecution. The intent to deceive is one of two elements in finding inequitable conduct. The other element being the materiality of the information being withheld.
Inequitable conduct is a charge made by defendants in a patent infringement lawsuit to avoid liability for infringement of a patent. Inequitable conduct occurs when an applicant or someone associated with the filing of a patent application misleads a patent examiner that it warrants the court to make the patent unenforceable. Over a period of time, the courts have reduced … [Read more...]