LexisNexis® Legal Newsroom
Patents Post-Grant: Encouraging Waiver of a Patent Owner Statement in Ex Parte Patent Reexamination

USPTO Proposal Forces Patentee Cooperation in Violation of Statute? Last Monday, I proposed managing petition practice in inter partes patent reexamination based on the patent interference model already in place. As a reminder, this proposal is responsive to the proposed collection of working concepts...

Fitch, Even, Tabin & Flannery LLP: Federal Circuit Clarifies Interference Bar in Adair v. Carter

By Kendrew H. Colton On February 7, 2012, in Adair v. Carter , the Federal Circuit provided an important clarification to the law of patent interferences. Interferences in the U.S. Patent and Trademark Office (USPTO) are proceedings in which the USPTO determines which of two applicants who have...

Pinpointing Invention Conception Date in a Patent Interference

n Dawson v. Dawson [ an enhanced version of this opinion is available to lexis.com subscribers ], the Federal Circuit considered an unusual case with a question that often arises in interferences: when did the inventor invent the subject matter at issue. While the decision does not break new ground...

Will PTAB Decisions In Interferences Declared After September 15, 2012 Be Reviewable In Court?

The America Invents Act preserves court review under both 35 USC 141 and 35 USC 146 of decisions by the Board of Patent Appeals and Interferences and the Patent Trial and Appeal Board in interferences decided before September 15, 2012 and in interferences pending on September 15, 2012. However, the AIA...

Will PTAB Decisions in Interferences Declared After September 15, 2012 But Before Enactment of the AIA Technical Amendments Act Be Reviewable Via Petitions for Extraordinary Writs or Actions Under the APA?

by Charles L. Gholz and Lisa M. Mandrusiak As explained in detail in this article, the "Act to correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code" provides that there will be court review under both 35 USC 141 and 35 USC 146 of...

A Possible Solution to the Interregnum Problem

by Charles L. Gholz and Lisa M. Mandrusiak I previously concluded that Congress had created an interregnum. Decisions of the board declared both before and after the interregnum will be subject to court review, but decisions of the board in interferences declared during the interregnum will not. However...