CAFC Effectively Says "Miranda Warning" Does Not Apply To Patent Prosecution

Whether in film or television crime dramas, most people have seen a suspected criminal given her "Miranda Warning" which includes the familiar line: "Anything you say can and will be used against you in a court of law." The U.S. Court of Appeals for the Federal Circuit recently ruled that patent applicants, in certain circumstances, may make statements during prosecution of their applications without any consequences at all.

In 1966, the U.S. Supreme Court held in Miranda v. Arizona¹ that a criminal suspect's constitutional rights are meaningless unless the suspect is aware of them.Since then, whether in American-made film or television crime dramas, or perhaps in real-world experiences (though we hope not the latter), most people have seen a suspected criminal given her "Miranda Warning" which includes the familiar line: "Anything you say can and will be used against you in a court of law."In Malvern Panalytical Inc. v. TA Instruments-Waters LLC,² the U.S. Court of