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4 votes

Inequitable Conduct

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 ...
AD Adhikary's user avatar
  • 1,072
2 votes
Accepted

How long does the US duty of disclosure last?

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 ...
George White's user avatar
  • 29.5k
2 votes

How long does the US duty of disclosure last?

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 ...
user132162's user avatar
2 votes
Accepted

Do you need to file Information Disclosure Statements for US Provisional Apps?

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....
Maca's user avatar
  • 6,208
2 votes
Accepted

Co-inventor filed same invention again as sole inventor -- Double patenting? Inequitable conduct?

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 ...
RishiM's user avatar
  • 1,191
1 vote

Can inequitable conduct lead to patent invalidation before litigation?

No 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 ...
George White's user avatar
  • 29.5k

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