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...]
Materiality refers to information that would be relevant to an examiner examining a patent application. In the event that a patent owner withheld material information from a patent examiner during examination with an intent to deceive, the patent owner may be charged with inequitable conduct and the patent unenforceable.
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...]