Be careful what you tell the patent office

Inventors, patent attorneys, and anyone else with substantive involvement with a patent application have a duty to disclose all information of which they are aware that is material to patentability. This is defined as information that either (1) alone or with other information makes the invention unpatentable absent other evidence; or (2) is inconsistent with statements or arguments made by the applicant to the patent office. It is the second type of statement that caused trouble for the patent holder in Purdue Pharma L.P. v. Endo Pharmaceuticals Inc.The case involved various patents for the drug oxycodone, commercially sold as OxyContin


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