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Fracking-Related Patent Found Unenforceable

May 4, 2018, 7:53 PM

A fracking-related patent is unenforceable because its owner misled the Patent and Trademark Office during the application process, a federal appeals court ruled.

The U.S. Court of Appeals for the Federal Circuit’s ruling emphasizes the importance of the Patent Act’s on-sale bar, which denies patent protection to any technology on the market for more than a year. A company that believes it has a patentable idea must file its application promptly.

Heat on-the-Fly LLC couldn’t enforce its patent against a rival because of inequitable conduct before the PTO, according to the May 4 decision.

Company Earned Money Selling Service

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