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 ...
It's more than not necessary. It's not possible.
37 CFR § 1.51(d) provides:
Applicants are encouraged to file an information disclosure statement in nonprovisional applications. See § 1.97 and § 1.98. No information disclosure statement may be filed in a provisional application.
MPEP § 609 discusses this a little more:
Information Disclosure ...
The 'invention' is defined by the patent claims. Joint inventorship also is a claim by claim analysis. In other words, dick and jane invent AB, but jane only invented B, so dick can claim only A and is not required to include jane as inventor, but if a claim to AB is made then dick and jane both must be named as inventors.
You can watch for the application to be published, but that could take a while.
You could inform the person in question that not listing all inventors will essentially invalidate the application
"Worked on an idea" will need some clarification. Did all the parties participate with meaningful conceptual input?
The duty does not end at allowance - From the MPEP 2001.04 Information Under 37 CFR 1.56(a) [R-08.2017]
37 CFR 1.56(a) states that the duty to disclose information exists until the application becomes abandoned. The duty to disclose information, however, does not end when an application becomes allowed but extends until a patent is granted on that ...
It lasts until the patent issues, which occurs both after notice of allowance and issue fee payments. See MPEP 2001:
The duty to disclose information, however, does not end when an application becomes allowed but extends until a patent is granted on that application.
However, per the "intelproplaw" links in the comments of another answer (, ), ...
Double patenting results when the right to exclude granted by a first patent is unjustly extended by the grant of a later issued patent or patents.The doctrine of double patenting has been created to prevent the unjustified extension of patent exclusivity beyond the term of a patent.
The following criteria are considered for the issue of double patenting, ...
The way some of or all claims can be invalidated outside of a patent infringement case in a real (Article 3) court is via an IPR before the USPTO. The grounds in an IPR are limited to the issues of novelty and obviousness as shown by written published documents.
Even in litigation the standards for inequitable conduct were raised considerably a few ...
Inequitable conduct is primarily a defense to an infringment accusation.
One option you have is to submit that paper under 35 USC 301.
35 U.S.C. 301 Citation of prior art and written statements. (Sept. 16, 2012)
(a) IN GENERAL.—Any person at any time may cite to the Office in writing—
(1) prior art consisting of patents or printed publications which ...