What are the consequences of inequitable conduct in patent prosecution?

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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. 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 if inequitable conduct is found, the patent holder cannot enforce any claims in the patent, regardless of which specific claims were directly affected by the misconduct. It’s a comprehensive sanction that emphasizes the importance of ethical behavior in patent prosecution. 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? How does the duty of disclosure relate to patent enforceability? What is the impact of fraud, inequitable conduct, or violation of duty of disclo...