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USPTO aligns with Federal Circuit on inequitable conduct

Eileen McDermott, New York

The USPTO has proposed amending its Rule 56 governing applicants’ duty to disclose information to the USPTO in order to comply with the recent Therasense ruling

In Therasense v Becton-Dickinson, the Federal Circuit ruled in May that inequitable conduct should be determined using a so-called but-for materiality standard, meaning that the PTO would not have allowed a claim had it been aware of (or but for)...

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