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How are inequitable conduct issues addressed in the patent system?

By russ.krajec@blueironip.com | September 29, 2024

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…

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What is the role of courts in handling duty of disclosure and inequitable conduct issues?

By russ.krajec@blueironip.com | September 29, 2024

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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