Compares the United States duty of candor and good faith set forth in Title 37 Code of Federal Regulations to sections 45(3) and 101D of the Australian Patents Act (1990).
Written in 2005; 3,217 words; 12 sources; APA; $ 92.95
Paper Summary:
The paper analyzes and compares the consequences of failing to satisfy the duty of disclosure, candor and good faith at the United States Patent and Trademark Office, in particular as it applies in relation to the filing of information disclosure statements, to the consequence for failing to notify search results to IP Australia.
Outline:
Australian Patents Act (1990) - Sections 45(3), 101D and 102(2C)
Comparison
From the Paper:
"In order to establish a case of fraud, it must be shown that there existed an element of wilful, wrongful conduct, or wrongful intent before the Patent & Trademark Office, and that the wrongful conduct or intent attempted to impair, or actually impaired, the Patent & Trademark Office's ability to perform its statutory function . On the other hand, the lesser charge of inequitable conduct is established by showing that the information withheld was material, and that the misrepresentation was intentional ."
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