期刊名称:Michigan Telecommunications and Technology Law Review
印刷版ISSN:1528-8625
出版年度:2012
卷号:19
期号:1
页码:99-130
出版社:University of Michigan Law School
摘要:When applying for a patent, applicants must provide the examiner with all known material prior art. Those who fail to do so can be charged with inequitable conduct. But applicants can still effectively hide material prior art references by submitting them along with large quantities of immaterial prior art to the examiner. This deceptive practice, known as "burying," is generally not considered inequitable conduct. This Essay summarizes the current legal landscape concerning burying, discusses the costs associated with the practice, and suggests ways to deter and punish those who do it.
关键词:Patent law; Patent applications; Burying; Prior art; Deterence; Incentives; Costs; Patent and Trademark Office; Federal agencies