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The Disappearance of Deceptive Intent in S. 23

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

By Kevin E. Noonan -- Nestled unobtrusively in a section of S. 23 called "Technical Amendments," S. 23 (the "America Invents Act") has done something that neither Congress nor any court has been able to do for 80 years: remove (or at least blunt) the duty of candor owed by an applicant to the U.S. Patent and Trademark Office during prosecution of a patent application. This bit of legerdemain is accomplished by removing, in almost every instance in which it appears, the requirement that an applicant act "without deceptive intent." These instances include: 35 U.S.C. § 116 regarding joint inventorship...

Full post as published by Patent Docs on March 24, 2011 (boomark / email).