Inequitable Conduct and Invalidation of Patents Related to Food and Drug Administration-Regulated Products

Tu SS, Leadmon C, Daval CJR, Kesselheim AS - JAMA

  • Innovation Incentives and Competition

Summary:

Patents on FDA-regulated products were more frequently invalidated due to fraud on the USPTO, known as “inequitable conduct,” than patents in any other sector. Although such invalidation is rare, these results suggest that pharmaceutical and medical device companies are caught hiding information or lying to the USPTO more than firms in other industries.

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