MPEP § 2016 — MPEP § 2016
Current through: 2022-07-01

2016-Fraud, Inequitable Conduct, or Violation of Duty of Disclosure Affects All Claims 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 2000 

 Section 2016 
 

 
 
 
 
 
 2016 Fraud, Inequitable Conduct, or Violation of Duty of Disclosure
 Affects All Claims [R-08.2017]
 

 A finding of “fraud,” “inequitable conduct,” or violation of duty of
 disclosure with respect to any claim in an application or patent, renders all the claims
 thereof unpatentable or invalid. See Therasense Inc. v. Becton Dickinson and
 Co ., 649 F.3d 1276, 1288, 99 USPQ2d 1065, 1071 (Fed. Cir. 2011),
 Chromalloy American Corp. v. Alloy Surfaces Co. , 339 F. Supp. 859,
 173 USPQ 295 (D.Del. 1972) and Strong v. General Electric Co. , 305 F.
 Supp. 1084, 162 USPQ 141 (N.D. Ga. 1969), aff’d , 434 F.2d 1042, 168 USPQ
 8 (5th Cir. 1970), cert. denied, 403 U.S. 906 (1971). In J. P.
 Stevens & Co. v. Lex Tex Ltd., 747 F.2d 1553, 1561, 223 USPQ 1089, 1093-94
 (Fed. Cir. 1984), the court stated:
 

 
 Once a court concludes that inequitable conduct occurred, all the
 claims — not just the particular claims in which the inequitable conduct is directly
 connected — are unenforceable. See generally , cases collected in 4
 Chisum, PATENTS, paragraph 19.03[6] at 19-85 n. 10 (1984). Inequitable conduct “goes to
 the patent right as a whole, independently of particular claims.” In re
 Clark, 522 F.2d 623, 626, 187 USPQ 209, 212 (CCPA).
 

 
 The court noted in footnote 8 of Stevens: 

 
 In In re Multiple Litigation Involving Frost Patent ,
 540 F.2d 601, 611, 191 USPQ 241, 249 (3rd. Cir. 1976), some claims were upheld despite
 nondisclosure with respect to others. The case is not precedent in this court.
 

 
 As stated in Gemveto Jewelry Co. v. Lambert Bros., Inc. , 542 F. Supp. 933, 943, 216 USPQ 976, 984 (S. D.
 N. Y. 1984) (quoting Patent Law Perspectives, 1977 Developments, § G.1 [1]-189): 
 

 
 The gravamen of the fraud defense is that the patentee has failed to
 discharge his duty of dealing with the examiner in a manner free from the taint of
 “fraud or other inequitable conduct.” If such conduct is established in connection with
 the prosecution of a patent, the fact that the lack of candor did not directly affect
 all the claims in the patent has never been the governing
 principle. It is the inequitable conduct that generates the unenforceability of the
 patent and we cannot think of cases where a patentee partially escaped the consequences
 of his wrongful acts by arguing that he only committed acts of omission or commission
 with respect to a limited number of claims. It is an all or nothing proposition.
 [Emphasis in original.]
 

 
 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 2000-Duty of Disclosure 
 2000.01-Introduction 

 
 

 2001-Duty of Disclosure, Candor, and Good Faith 
 2001.01-Who Has Duty To Disclose 

 2001.02-[Reserved] 

 2001.03-To Whom Duty of Disclosure Is Owed 

 2001.04-Information Under 37 CFR 1.56(a) 

 2001.05-Materiality Under 37 CFR 1.56(b) 

 2001.06-Sources of Information under 37 CFR 1.56 
 2001.06(a)-Prior Art Cited in Related Foreign Applications 

 2001.06(b)-Information Relating to or From Copending United States Patent Applications 

 2001.06(c)-Information From Related Litigation and/or Trial Proceedings 

 2001.06(d)-Information Relating to Claims Copied From a Patent 

 2001.06(e)-Information Relating to Regulatory Review 

 
 

 
 

 2002-Disclosure — By Whom and How Made 
 2002.01-By Whom Made 

 2002.02-Must be in Writing 

 
 

 2003-Disclosure __ When Made 
 2003.01-Disclosure After Patent Is Granted 

 
 

 2004-Aids to Compliance With Duty of Disclosure 

 2005-Comparison to Requirements for Information 

 2006‑2009-[Reserved] 

 2010-Office Handling of Duty of Disclosure/Inequitable Conduct Issues 

 2011-Correction of Errors in Application 

 2012-Reissue Applications Involving Issues of Fraud, Inequitable Conduct, and/or Violation of Duty of Disclosure 
 2012.01-Collateral Estoppel 

 
 

 2013-Protests Involving Issues of Fraud, Inequitable Conduct, and/or Violation of Duty of Disclosure 

 2014-Duty of Disclosure in Reexamination Proceedings and Supplemental Examination 

 2015-Duties of Disclosure and Reasonable Inquiry Arise in Dealings With Other Government Agencies 

 2016-Fraud, Inequitable Conduct, or Violation of Duty of Disclosure Affects All Claims 

 2017‑2022-[Reserved] 

 

 

 
 

 
 
 

 
 

 

 
 
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 03/09/2026 20:49:31