patent law prosecution conflict of interest

Analyzing Potential Conflicts in Patent Prosecution

In a prior post, we discussed a Massachusetts case concerning conflicts of interest in patent prosecution.  As we noted before, while these issues are of increasing importance as patent prosecution becomes more focused and specialized, absent from the decision was an analytical framework by which to evaluate and analyze potential conflicts in patent prosecution. 

 

The published literature suggests two alternative frameworks to analyze potential prosecution conflicts:  claim-based and information-based.  In this post, we elaborate on how these frameworks should be employed, and identify the questions patent attorneys need to consider when evaluating potential conflicts.