The mission of the Patent Office is to ensure the patent system contributes to a strong economy, encourages innovation, and fosters entrepreneurial spirit. In pursuit of this mission, the Patent Office examines patent applications and issues patents after applicants satisfy the statutory requirements for patent protection. Once the Patent Office issues a patent, the patent owner may judicially enforce the rights vested in the patent by filing a patent infringement claim in federal court. An alleged infringer may defend against an infringement claim by asserting that the patent owner failed to comply with his duty of candor and good faith towards the Patent Office during the prosecution of the patent, thereby committing inequitable conduct.
The Patent Office imposes a duty of candor and good faith on every individual associated with the filing and prosecution of a patent application. This duty extends to the patent applicant and his representatives, such as attorneys and patent agents that assist in the prosecution or preparation of the patent. A breach of this duty constitutes inequitable conduct when an affirmative misrepresentation of a material fact, failure to disclose material information, or submission of false material information couples with intent to deceive or mislead the Patent Office. Because courts presume a patent is valid, a party seeking to render a patent unenforceable due to inequitable conduct must prove both materiality and intent by clear and convincing evidence.
Once a threshold finding of materiality and intent are established, the court balances the materiality of the information with the intent of the accused to determine if the equities warrant a conclusion of inequitable conduct. A finding of inequitable conduct renders all claims of the patent unenforceable and may adversely affect related patents contaminated by the inequitable conduct.
For more information about the patent bar examination or for an affordable patent attorney, visit Patent Professionals LLC at http://www.patent-professionals.com
Copyright © 2008 Kevin J Mack
Article Source: http://EzineArticles.com/?expert=Kevin_J_Mack
