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Patent Law

: Patent Docs

A Response to Mr. Brill, and a Modest Proposal Regarding Inequitable Conduct

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

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By Kevin E. Noonan -- As reported today in a Patent Docs post, Economist Alex Brill (at right) has proposed that Congress include in patent reform legislation provisions "putting some teeth" into the penalties available for inequitable conduct, presumably as a way to discourage it. These "teeth" include "criminal penalties, punitive damages and jail terms" to prevent "liars and cheaters" from abusing the patent system. It is easy for the patent cognoscenti to dismiss Mr. Brill's proposals as being out of touch with the realities of the inequitable conduct defense. He may not recognize that the Federal Circuit, a court...

Full post as published by Patent Docs on June 04, 2009 (boomark / email).

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