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…
Read MoreWhat is the difference between official notice and judicial notice in patent law?
What is the difference between official notice and judicial notice in patent law? While both official notice and judicial notice involve recognizing certain facts without formal evidence, they are used in different contexts and have distinct characteristics: Official Notice: Used by patent examiners during the examination process Governed by USPTO guidelines and the MPEP Can…
Read MoreWhat is the role of courts in handling duty of disclosure and inequitable conduct issues?
Courts play a primary role in handling duty of disclosure and inequitable conduct issues in the patent system. 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…
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