The New Duty of Disclosure in Post-Grant Oppositions

by Ken Burchfiel • February 28, 2012 • Featured, Inequitable conduct, USPTO trial procedure

The Trial Rules proposed by the USPTO to implement post-grant oppositions under the America Invents Act would create a new duty of disclosure for parties, that is not limited to the materiality standard for inequitable conduct under Therasense. A violation of the proposed rules could result in sanctions including adverse judgment for the failure to [...]

by Ken Burchfiel • November 6, 2011 • Featured, Inequitable conduct, Inter partes review, Paragraph IV, Post-grant review, Supplemental Examination

The newly enacted America Invents Act will result in the most radical changes to U.S. patent law in 60 years, replacing historic novelty standards with a worldwide absolute novelty requirement, subject only to an illusory “grace” period. The new statute will arm patent challengers with potent new weapons, both by greatly expanding prior art applicable [...]