Title: The Duty of Disclosure, Candor, and Good Faith - An Analysis
Summary: The United States duty of candor and good faith is set forth in Title 37 Code of Federal Regulations §1.56. 37 CFR §1.56 places on each individual associated with the filing and prosecution of a patent application a duty of candor and good faith in dealing with the United States Patent and Trademark Office. This essay takes a look at the consequences in failing to meet this duty, the role of intent in arriving at a conclusion of a failure to meet this duty, and makes a comparison to similar provisions in Australian patent law.
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Tags: Duty Disclosure Candor Good Faith Patents Trademarks Information Disclosure Statement Fraud