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Deceptive Conducts before the Patent Office
Eugenio Hoss
2019
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"Deceptive Conducts before the Patent Office: Challenges for Patent Law and Competition Law" examines the legal consequences of deceptive behavior during patent prosecution and evaluates the adequacy of existing remedies under both patent law and competition law. The book is motivated by concerns that patent applicants may obtain or maintain patent rights through misleading statements, omissions, or other forms of bad-faith conduct before patent offices, thereby distorting innovation incentives and potentially harming competition. The study undertakes a comparative analysis of the United States and European legal frameworks. It explores the American duty of candour and the inequitable conduct doctrine, under which a patent may become unenforceable if obtained through material misrepresentations or failures of disclosure. In contrast, it examines the more limited duties imposed on patent applicants in Europe and assesses whether European patent law should adopt stronger disclosure obligations or additional remedies against deceptive conduct. A central contribution of the book is its investigation of deceptive patent procurement as a competition-law issue. It analyzes how fraud or misrepresentation before patent offices may constitute monopolization under U.S. antitrust law or an abuse of dominance under EU competition law, drawing on landmark cases such as Walker Process and AstraZeneca. By integrating patent law and competition law perspectives, the book develops a framework for assessing deceptive conduct before patent offices and offers recommendations for improving legal responses to improperly obtained patent rights.
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DOI: 10.5771/9783748902577Editions