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This book examines the legal consequences of deceptive conduct during patent prosecution and explores how both patent law and competition law can respond to patents obtained or maintained through fraud, misrepresentation, or the withholding of material information. Situated at the intersection of intellectual property and market regulation, it investigates whether existing legal mechanisms adequately safeguard the integrity of the patent system while preserving incentives for innovation and competition. The study adopts a comparative perspective, focusing primarily on the United States and the European Union. It first analyses the treatment of deceptive conduct under patent law, including the American duty of candour and the inequitable conduct doctrine, as well as the more limited disclosure obligations imposed on applicants under European patent law. Particular attention is paid to the policy justifications, practical difficulties, and limitations of patent-law remedies against misconduct during patent procurement. Building on this foundation, the book examines the improper acquisition of patents as a competition-law problem. It evaluates how deceptive behaviour before patent offices may lead to the grant of unwarranted exclusive rights capable of excluding competitors, foreclosing markets, and distorting competitive processes. Through an in-depth analysis of major U.S. antitrust and EU competition-law cases, including Walker Process and AstraZeneca, the work explores the conditions under which deceptive patent procurement may constitute monopolization, abuse of dominance, or other anticompetitive conduct. By integrating doctrinal, comparative, and policy-oriented perspectives, the book develops a coherent framework for assessing competitive harm arising from deceptive patent practices and proposes principled criteria for balancing effective patent protection with the preservation of competitive markets and technological progress.
This book is included in DOAB.
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Keywords
- Allgemeine Grundlagen des Rechts
- Öffentliches Recht
- Recht
- Staats- und Verfassungsrecht
- thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general::LNDX Constitution
- Verfassungsgeschichte
Links
DOI: 10.5771/9783748928034Editions