How are inequitable conduct issues addressed in the patent system?

Inequitable conduct issues in the patent system are primarily addressed by the courts rather than the USPTO. According to MPEP 2010: “It is the courts and not the Office that are in the best position to fashion an equitable remedy to fit the precise facts in those cases where inequitable conduct is established.”

The MPEP further explains: “Inequitable conduct is not set by statute as a criteria for patentability but rather is a judicial application of the doctrine of unclean hands which is appropriate to be handled by the courts rather than by an administrative body.”

In practice, this means:

• Inequitable conduct allegations are typically raised in patent litigation.
• Courts have the authority to render patents unenforceable if inequitable conduct is proven.
• The USPTO does not make determinations on inequitable conduct during the examination process.
• In interference proceedings before the Patent Trial and Appeal Board (PTAB), issues of fraud and inequitable conduct may be considered if there is a showing of good cause.

To learn more:

• inequitable conduct
• patent litigation
• USPTO
• courts
• doctrine of unclean hands