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In United States patent law, inequitable conduct is a breach of the applicant's duty of candor and good faith during patent prosecution or similar proceedings by misrepresenting or omitting material information with the specific intent to deceive the United States Patent and Trademark Office.
In UK public law, the duty of candour is the duty imposed on a public authority "not to seek to win [a] litigation at all costs but to assist the court in reaching the correct result and thereby to improve standards in public administration." [1] Lord Donaldson MR in R v Lancashire County Council ex p.
2.1: Attorney's role as a candid advisor on topics within and outside of the law. [15] 3 Advocate 3.3: Duty of Candor in communications with a court. [16] 3.4: Responsibility for cooperation and fair dealing with other parties and attorneys. [17] 3.8: Special Responsibilities of a Prosecutor. [18] 4 Transactions with Persons Other Than Clients
Patent applications are currently required to "set forth the best mode contemplated by the inventor of carrying out his invention." This requirement is unique to American patent law, and was identified in the 2004 National Academy of Sciences report as one of the three subjective elements that contribute to high patent litigation costs. H.R ...
In United States patent law, during patent prosecution, an applicant has a duty to disclose all information material to patentability.Breach of this duty can lead to a holding of inequitable conduct, in which case the patent is unenforceable.
The obligation to disclose adverse authority is in tension with the attorney's obligation to zealously represent the interests of the client. However, various public policy arguments have been set forth to explain why the attorney's duty of candor to the court with respect to such authority outweighs the duty to the client's cause. Ostensibly ...
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