2

What are the remedies of inequitable conduct in patents? If a pharmaceutical company got a patent for a fraudulent information, and let's say it is disclosed after 10 years in the market, would they have to give back all their revenue for the 10 years? whats the appropriate law - unjust enrichment? antitrust? Is there any place around the world that a company has to return all their revenue if they mislead the patent office? Thank you.

Improve this question
3
  • Could you please clarify your question? "got a patent for a fraudulent information" is unclear to me.
    – Eric S ♦
    Nov 5, 2018 at 20:31
  • Yes. Let's say that when I wrote my patent claims, I gave incorrect information to the patent office or made false claims. And because patent registrant didn't know it's incorrect or fraudulent, the patent is granted to me. After 10 years the fraud is disclosed. What would be the sanctions?
    – Semion Naidis
    Nov 5, 2018 at 20:40
  • Perhaps you could edit your question to add your example.
    – Eric S ♦
    Nov 6, 2018 at 4:15

1 Answer 1

Reset to default
4

What are the remedies of inequitable conduct in patents?

May Refer Forgotten Prior Art - IDS

Also refer Can I patent a product that has already failed? and many such questions asked in this Q&A site and also Therasense

would they have to give back all their revenue for the 10 years?

If there is legal suit of infringement by a patent owner ( of a patent of which material was probably not disclosed) and sued successfully, than relief towards monetary loss will be decided by court. Inequitable conduct suits are solely aimed at preventing patent holder from enforcing patent2.

whats the appropriate law - unjust enrichment? antitrust?

Broadly speaking, it's matter of fraud and all countries having rule of law caters to 'acts of fraud'. One such law is enumerated in above references. Excerpt of declaration form of USPTO.

Is there any place around the world that a company has to return all their revenue if they mislead the patent office?

Mostly monetary compensation is decided based on loss caused (by presumptive calculation set forth in law) due to act of infringement.

Improve this answer
1
  • 1
    May be more clearly to the OP - Inequitable conduct is a purely a defense against an infringement charge, not its own cause of a court action. If proven, the patent would be torn up and therefore there could be no infringement.
    – George White ♦
    Nov 7, 2018 at 22:18

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .