Can some claims in a patent remain valid if inequitable conduct is found?
No, according to MPEP 2016, if inequitable conduct is found, it affects all claims in the patent. The MPEP cites the case J. P. Stevens & Co. v. Lex Tex Ltd., which states: “Once a court concludes that inequitable conduct occurred, all the claims — not just the particular claims in which the inequitable conduct…
Read MoreWhat is the impact of fraud, inequitable conduct, or violation of duty of disclosure on patent claims?
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,…
Read MoreWhat are the consequences of inequitable conduct in patent prosecution?
The consequences of inequitable conduct in patent prosecution are severe. MPEP 2016 outlines that such conduct leads to the unenforceability of the entire patent. As stated in the J. P. Stevens & Co. v. Lex Tex Ltd. case: “Inequitable conduct ‘goes to the patent right as a whole, independently of particular claims.’” This means that…
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