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Duty of candor

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Duty of candor

Duty of candor refers to two different concepts in UK law and US law.

UK public law

The duty of candour is the concept a public authority should not seek to win the litigation at all costs but to assist the court in reaching the correct result and thereby to improve standards in public administration.[1]

This should be disambiguated from Will Powell's campaign for NHS managers and doctors to have a formal 'duty of candour' when dealing with complaints about negligent or poor standards of care in NHS hospitals.

In January 2014 Action Against Medical Accidents has been campaigning for a wide definition[3] and Behan made it clear that he was supporting them.

US patent applications

Duty of Candour, also referred to as Rule 56, is basically a "full disclosure" rule for patent applications. This rule, made by the US Patent and Trademark Office, specifically requires that everyone involved with a patent application must disclose all publications that they know of which may adversely affect the patentability of their invention.

See also

References

  1. ^ http://www.tsol.gov.uk/Publications/Guidance_on_Discharging_the_Duty_of_Candour.pdf
  2. ^ "CQC chief executive backs wider duty of candour". Health Service Journal. 19 December 2013. Retrieved 12 January 2014. 
  3. ^ "'"Legal Duty of Candour - 'Robbie's Law. Action Against Medical Accidents. Retrieved 12 January 2014. 

External links

  • Full text of the rule: 37 CFR 1.56


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