What is inequitable conduct patent?
In United States patent law, inequitable conduct is a breach of the applicant’s duty of candor and good faith during patent prosecution or similar proceedings by misrepresenting or omitting material information with the specific intent to deceive the United States Patent and Trademark Office.
What is equitable conduct?
Inequitable conduct is a plea defense for infringement lawsuits which claims the patent holder misinformed, misled, or withheld important information.
Is inequitable conduct an affirmative defense?
In the context of patent infringement suits, the phrase “inequitable conduct” describes a doctrine normally pled as an affirmative defense to allegations of infringement.
What is inequitable law?
Legal Definition of inequitable : contrary to the principles of equity : not fair or just inequitable conduct.
Is it illegal to lie about a patent?
Under current U.S. Patent law, anyone can file a lawsuit against a manufacturer that has falsely marked their product as patented with an intent to deceive the public. Under 35 USC Section 292, the public can sue the product manufacturer on behalf of the government for the sum of not more than $500 per each offense.
What are co pending patent applications?
The term “co-pending applications” refers to pending applications filed by the same applicant. If an applicant has multiple pending applications, the issues in the applications may be similar.
What makes a patent unenforceable?
Some of the common situations where patents are unenforceable are: Inequitable conduct – Even if the patent is valid, it may be unenforceable if the patentee was devious in getting it. If the patentee intentionally misled the patent and trademark office about material information, the patent will not be enforceable.
Is inequitable conduct a counterclaim?
2d 376 (D. Del. June 19, 2012) (Andrews, J.). Judge Andrews considered the sufficiency of a defendant’s pleadings and dismissed inequitable conduct counterclaims for failure to sufficiently plead the “who” and “when” of the alleged misconduct.
What do you mean by inequitable?
: not equitable : unfair an inequitable distribution of funds.
What is inequitable treatment?
: not fair or equal : unfair. They protested the inequitable treatment of employees.