Krauß, Jan --- "Equitable doctrines in international patent laws" [2013] ELECD 575; in Takenaka, Toshiko (ed), "Intellectual Property in Common Law and Civil Law" (Edward Elgar Publishing, 2013) 99

Book Title: Intellectual Property in Common Law and Civil Law

Editor(s): Takenaka, Toshiko

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857934369

Section: Chapter 5

Section Title: Equitable doctrines in international patent laws

Author(s): Krauß, Jan

Number of pages: 22

Abstract/Description:

This chapter first briefly introduces the different systems of patent-related equitable doctrines and then specifically addresses the doctrine of inequitable conduct of several jurisdictions including the United States, the United Kingdom, Germany, and the Rules as present in the European Patent Convention (‘EPC’). Based on the recent decision of the Court of Appeals for the Federal Circuit (‘CAFC’), Therasense, this chapter will then seek to provide a comparative analysis of the current status of the ‘duty of candor and good faith’ in the U.S. and international equitable doctrines.