Unenforceability of Patent Due to Inequitable Conduct

Last year, the US Court of Appeals for the Federal Circuit recognized an equitable defense based on business misconduct separate from inequitable conduct based on duty of disclosure. Of concern to many patent prosecutors, this decision penalized patentees for unethical behavior committed outside the confines of patent prosecution before the US Patent and Trademark Office.

Join us for a discussion about the unenforceability of a US patent due to inequitable conduct and best practices under duty of disclosure.

Topics will include:

• Review of inequitable conduct and duty of disclosure
• Recent cases regarding inequitable conduct
• Best practices under duty of disclosure during prosecution