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Ethics plays an important role in patent law, which typically comes to the forefront when a patentee is accused of inequitable conduct during litigation. Inequitable conduct is a judicially-crafted doctrine that evolved from the “unclean hands” doctrine. As patent practitioners know (or should know), inequitable conduct embraces a relatively broad range of conduct, including not only egregious affirmative acts of misconduct intended to deceive both the PTO and the courts, but also the nondisclosure of information to the PTO. The doctrine is a powerful defense in a patent infringement lawsuit because inequitable conduct will render an entire patent unenforceable for all actions, not just the action where the issue was raised.
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