Edited by Toshiko Takenaka
Chapter 5: Equitable doctrines in international patent laws
This chapter first briefly introduces the different systems of patent-related equitable doctrines and then specifically addresses the doctrine of inequitable conduct of several jurisdictions including the United States, the United Kingdom, Germany, and the Rules as present in the European Patent Convention (‘EPC’). Based on the recent decision of the Court of Appeals for the Federal Circuit (‘CAFC’), Therasense, this chapter will then seek to provide a comparative analysis of the current status of the ‘duty of candor and good faith’ in the U.S. and international equitable doctrines.
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