Can some claims in a patent remain valid if inequitable conduct is found?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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 is directly connected — are unenforceable.” This principle is often referred to as an “all or nothing proposition,” meaning that partial unenforceability is not an option when inequitable conduct is found. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Inequitable Conduct Affects All Claims MPEP 2016 Fraud, Inequitable Conduct, or Violation of Duty of Disclosure Invalidates All Claims MPEP 2016 Fraud, Inequitable Conduct, or Duty of Disclosure Violation Invalidates All Claims MPEP 2016 Fraud or Inequitable Conduct Invalidates All Claims MPEP 2016 Inequitable Conduct Renders Patent Unenforceable Regardless of Claim Affected MPEP 2016 Prohibited Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 AIA Amends Duty to Disclose Errors Without Deceptive Intent MPEP 2000 Duty to Disclose Material Information to USPTO MPEP 2000 Other Related FAQs 5 FAQs Collapse What is the rationale behind the &#8216;all or nothing&#8217; approach to patent unenforceability? What are the consequences of inequitable conduct in patent prosecution? How does the duty of disclosure relate to patent enforceability? What is the impact of fraud, inequitable conduct, or violation of duty of disclosure on patent cl...