Guide of Patent Protection

The Supreme Court derived the inequitable conduct defense from the equitable doctrine of “unclean hands.” Although judicially created, the defense possesses statutory precursors that date back to the origins of the patent system in the United States. Each patent statute prior to the Patent Act of 1952 established a private remedy for inequitably procured patents. Notwithstanding this statutory authorization, courts were reluctant to recognize the defense until 1945.

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