J.P. STEVENS TEST

J.P. Stevens test.Patents. A two-part test to determine whether a patent-applicant’s conduct amounted to inequitable conduct before the Patent and Trademark Office, by deciding (1) whether the threshold levels of materiality and intent are met, and (2) whether, on balance, the facts show inequitable conduct as a matter of law. J.P. Stevens v. Lex Tex Ltd., 747 F.2d 1553 (Fed. Cir. 1984). • In the balance, information that is clearly material or conduct that is clearly deceptive can decide the outcome. [Cases: Patents 97. C.J.S. Patents §§ 135–138, 145, 178.]

[Blacks Law 8th]