Intellectual Property
Jun. 10, 2010
Disclosure of 'Material' Information in Patent Applications
Examining the duty to disclose all information "material" to the Patent Office for their decision regarding whether to issue a patent.
Patent applicants, their attorneys, and others substantively involved in the application process have a duty to disclose all information "material" to the Patent Office for their decision regarding whether to issue a patent. If one of those individuals fails to disclose "material" information and does so with the intent to deceive, a patent infringement defendant can assert in litigation that the patent is unenforceable for inequitable conduct. The Federal Circuit will decide en banc<...
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