Legal Definitions - J.P. Stevens test

The J.P. Stevens test is a two-part test used to determine whether a patent-applicant's conduct was unfair before the Patent and Trademark Office. The test involves:

1. Determining whether the materiality and intent thresholds are met
2. Deciding whether, on balance, the facts show unfair conduct as a matter of law

Information that is clearly important or conduct that is clearly deceptive can influence the outcome of the test.

For example, if a patent-applicant intentionally withholds important information from the Patent and Trademark Office, this could be considered unfair conduct and may result in the patent being denied.

The J.P. Stevens test is important in ensuring that patents are granted fairly and that patent-applicants are honest in their dealings with the Patent and Trademark Office.