Q: What is the "inequitable conduct" defense in patent infringement litigation?
A: A patent applicant has an obligation under 37 CFR 56 to disclose to the Patent Office information that is "material" to the patentability of the patent application. If the applicant withholds or misrepresents information when dealing with the Patent Office, a court, in a later infringement suit, can find the patent invalid due to inequitable conduct. Thus, this is a "defense" that an accused infringer may assert.
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A:
A patent applicant has an obligation under 37 CFR 56 to disclose to the Patent Office information that is "material" to the patentability of the patent application. If the applicant withholds or misrepresents information when dealing with the Patent Office, a court, in a later infringement suit, can find the patent invalid due to inequitable conduct. Thus, this is a "defense" that an accused infringer may assert.
Paul Overhauser
www.iniplaw.org
www.overhauser.com
317- 891-1500
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