Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
According to MPEP 2016, a finding of fraud, inequitable conduct, or violation of duty of disclosure affects all claims in a patent application or patent, rendering them unpatentable or invalid. The MPEP states:
“A finding of ‘fraud,’ ‘inequitable conduct,’ or violation of duty of disclosure with respect to any claim in an application or patent, renders all the claims thereof unpatentable or invalid.”
This means that even if the misconduct is related to only one claim, it affects the entire patent.
AIA Amends Duty to Disclose Errors Without Deceptive Intent MPEP 2000 Informative
Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Informative
Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Informative
Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Informative
Fraud, Inequitable Conduct, or Duty of Disclosure Violation Invalidates All Claims MPEP 2016 Informative