A column authored by Jason Balich titled “Avoiding the ‘Atomic Bomb of Patent Law’” was published in the American Institute of Chemical Engineers’ Chemical Engineering Progress (CEP) Magazine. In this article, Jason explains how inequitable conduct—once called the “atomic bomb of patent law”—can render a patent unenforceable when applicants fail to disclose material information to the USPTO, and why full, honest disclosure is essential during patent prosecution. He also outlines who owes the duty of disclosure, what must be disclosed, and best practices for avoiding the severe consequences of nondisclosure.
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Reprinted with permission from Chemical Engineering Progress (CEP). Copyright © 2026 American Institute of Chemical Engineers (AIChE).
