What should I do if I believe the Patent Term Adjustment on my patent is incorrect?
If you believe the Patent Term Adjustment (PTA) indicated on your patent is incorrect, you have several options depending on whether you think it’s too long or too short: If you think the PTA is too short: File a request for reconsideration using the procedures set forth in 37 CFR 1.705(b). This is the official…
Read MoreWhat does ‘duty of candor and good faith’ mean in patent law?
The ‘duty of candor and good faith’ in patent law refers to the obligation of individuals involved in the patent application process to be honest and forthcoming in their dealings with the United States Patent and Trademark Office (USPTO). MPEP 2001.03 cites 37 CFR 1.56(a), which states that the “duty of candor and good faith”…
Read MoreWhat is the duty of candor when correcting errors in patent applications?
While the “deceptive intent” language has been removed from the law for applications filed on or after September 16, 2012, applicants still have a duty to exercise candor and good faith in all dealings with the USPTO. The MPEP 2011 states: “Even though the ‘deceptive intent’ language has been removed from the law, applicants still…
Read MoreHow should applicants disclose information that refutes or is inconsistent with their patent application?
Applicants have a duty to disclose information that refutes or is inconsistent with positions taken in their patent application. According to MPEP 2011: “Applicants should disclose to the USPTO any information that refutes, or is inconsistent with, a position the applicant takes in: (i) opposing an argument of unpatentability relied on by the Office, or…
Read MoreWhat is the rationale behind the ‘all or nothing’ approach to patent unenforceability?
The ‘all or nothing’ approach to patent unenforceability due to inequitable conduct is based on the principle that such misconduct affects the entire patent right. MPEP 2016 cites the Gemveto Jewelry Co. v. Lambert Bros., Inc. case, which explains: “The gravamen of the fraud defense is that the patentee has failed to discharge his duty…
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