Avoiding Inequitable Conduct

Instructor: Paul Gardner


Price:  $390.00

Projected State Bar CLE Credit:  3.0 hours (See state level details below)

Course available online only

 

This course was designed for the busy patent practitioner whose heavy workload may make it difficult to read the current Federal Circuit law with the care needed to be fully aware of the kinds of omissions and commissions that the court is currently holding to constitute inequitable conduct. 

PRG’s Academic Director, Paul Gardner, will discuss the following topics in this three-hour Video on Demand course:

·        The analytical framework used by the Federal Circuit for analyzing inequitable conduct issues.

·       Tests available for determining whether information withheld or falsely submitted is “material” under Federal Circuit case law.

·        Determining the presence or absence of culpable intent under Federal Circuit case law.

  •   Whether the following omissions or commissions might constitute inequitable conduct:  
    • Withholding publications that are not prior art.
    • Failing to disclose Rule 132 affiants’ relationships with the applicants.
    • Naming an incorrect inventive entity.
    • Nondisclosure of rejections, allowances, and prior art cited in applicants’ copending applications.
    • Nondisclosure of test results.
    • Nondisclosure of internal memoranda.
    • Failing to notify the Office of changes in small entity status.
    • Submitting petitions to make special with false statements.
    • Submitting petitions to revive abandoned applications with false statements.
  • Practice tips for avoiding inequitable conduct.

Published April 2009.

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State Level CLE Information:

PRG works closely with CLE states to obtain state bar credit for our Video on Demand Courses.  We are currently in the process of obtaining state credit for this course in numerous states, so please check back if your state is not listed, or email us at cleadmin@patentresources.com and we will notify you when your state is active.

The course materials (lecture slides, textbook and course evaluation form) will be available for you to view and/or download when you access your purchased Video on Demand course in the VOD player.  Please note that the course evaluation form is required for CLE or CPD credit.  Once you have completed viewing your VOD course, please fill out the course evaluation form, enter the CLE codes (a six-character code in red font in the lower left corner of a slide in each section), and check the self-certification boxes.  Email the completed evaluation form to cleadmin@patentresources.com.  PRG will provide you with a certificate of completion and will file your paperwork with the state within 10 business days.

Please note that some states limit the number of hours that attorneys can participate in self-study activities to obtain CLE credit. Rules vary by state, so please check your state rules. 
 
If you have any questions about the CLE process for our Video on Demand courses, please send your questions to cleadmin@patentresources.com.
 
This course is approved for CLE credit in the following states:
 
California, Colorado, Illinois, Indiana 
Upon request, we will submit this course for CLE approval in the following states:
 
Alabama, Alaska, Arizona, Delaware, Florida, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Montana, New York, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.

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About PRG:

Patent Resources Group (PRG) was founded in 1969 by Prof. Irving Kayton