The bar prevents attorneys who reviewed an opponent's confidential technical information from drafting or amending claims in related technology, addressing the risk of inadvertent competitive use.
Deceptive Practices requires a showing of risk.
Alternative Names:
Patent Prosecution Bar|Prosecution Restriction
Why it Matters?
The party seeking the bar must show an unacceptable risk of inadvertent disclosure under In re Deutsche Bank, which requires examining counsel's actual role in competitive decision-making rather than assuming risk from litigation involvement. Scope negotiation should limit the bar to the specific technology and define the duration, since an open-ended bar covering a party's full portfolio disqualifies counsel from substantial ongoing work.
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Frequently asked questions
Who bears the burden?
What should scope negotiation address?
