Inequitable Conduct and Patent Misuse

Posted by Social Science Research Network

Inequitable Conduct and Patent Misuse Jason Rantanen (University of Iowa) & Lee Petherbridge (Loyola)

Abstract: Most conceptions of the patent law envision a system of rules that seek to balance private rights against public interests that include promoting innovation, removing impediments to competition, and making new and useful information broadly available. Here, we review recent insights into two patent doctrines that are deeply infused with this tension: inequitable conduct and patent misuse.