“Let others lie. But let you and me make it the rule to lie for revenue only.” This tongue-in-cheek advice from Mark Twain has been taken to heart by some creators who are so eager to capitalize on their ideas they do not hesitate to fudge the paperwork they provide to the United States Patent and Trademark Office (USPTO). While their lies may pay off in the short run, filing fraudulent paperwork with the USPTO has serious long-term consequences.
At The Lomnitzer Law Firm, we help creators in South Florida and beyond protect their intellectual property, defend themselves against claims of patent infringement made in bad faith, and work with clients who want to attack false claims in USPTO applications made by their competitors.
The USPTO demands candor, good faith, and full disclosure from every creator and IP attorney that comes before it. Each paper filed with it, and each claim made before it, must be 100% factual. The Lomnitzer Law Firm helps our clients meet this standard by walking them through the application process from start to finish. We treat our client’s creations with care and do not cut corners.
In addition to seeking IP protections on our client’s behalf, we also help our clients monitor the work of their competitors. When appropriate, we help our clients object to their competitors’ patent applications. If we can show a competitor’s application is untruthful or incomplete, we may be able to prevent them from receiving a patent.
If our clients are accused of patent infringement, one of the defenses we can employ is “inequitable conduct.” Inequitable conduct comes from an old legal rule called “unclean hands.” Under the unclean hands rule, if the court determines someone deceived the government in order to get what they wanted, it can punish them for their bad acts.
If we can prove a patent seeker misrepresented or omitted material information from their application with the specific intent to deceive the USPTO, the court will find inequitable conduct. Even if our client was infringing on the untruthfully obtained patent, the court will clear our client of wrongdoing, and the competitor’s improperly received patents will be invalidated.
As South Florida’s premier intellectual property, business, and entertainment legal practice, The Lomnitzer Law Firm, P.A. advises business owners and creators on all aspects of patent law. Whether you are seeking protection for your creation, or are involved in a dispute with a competitor, our team of highly experienced intellectual property attorneys is ready to assist you. Please contact us today to schedule an initial consultation.