Application of irregular conduct theory in American Patent Law

摘要

Irregular Conduct Theory in American Patent Law requires the patent applicant to fulfill the obligation of good faith and disclosure in the course of patent application, otherwise bear the serious consequence with invalid patent or can't be carried out. It aims at improving the quality of patent application and ensuring public interests. Because there is no single standard of constitutive requirements of irregular conduct at present, the court took shape when suitable to apply this theory and explained in pluralism. For many years, irregular conduct theory plays a positive role in encouraging applicants to fulfill the obligation of good faith. But with the expansion of this theory, its drawback displays gradually. First, the result is often contrary to the original intention of irregular conduct theory; Second, it has reduced the quality of patent application and increased the cost of patent inspection to a certain extent; Third, it has reduced the predictability of the law; Fourth, the passive legal consequence extends to the innocent. So, it is necessary to improve this theory.