English
Does Patent Reform Go Too Far in Eliminating Inequitable Conduct?
Section 17 of the March 5, 2010 version of S. 515 (the Patent Reform Act of 2010) makes certain curious changes to Sections 116 (Joint Inventions), 184 (Filing in a Foreign Country), 185 (Foreign Filing Without a License), 251 (Reissue of Defective Patents), and 253 (Disclaimer) that would eliminate the “without deceptive intent” eligibility proscription. The effect of these changes would be to eliminate the prohibition against gaining access to these statutory provisions where the applicant had committed fraud on the Patent Office.
If these so called technical amendments were enacted into law applicants could add or delete named inventors to correct an error in inventorship that was made with deceptive intent. That is, even where the applicants filed the patent application with the deceptive intent to exclude an inventor, Read the rest of this entry »
