Taking Advantage of the Factual Nature of the Written Description Requirement to Overcome Rejections
Life sciences patent practitioners know that written description rejections under 35 U.S.C. § 112 for genus claims nearly always refer…
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You say “potato,” USPTO says … “dough”: when the broadest reasonable interpretation is unreasonable
The USPTO examiners use the broadest reasonable interpretation (BRI) when construing claims during examination of patent applications. The BRI standard…
About that Conclusory Rejection… Show Me the Evidence
Responding to Conclusory and Unsupported Allegations by USPTO Examiners The USPTO examiners frequently make factual assertions about the technical subject…
Procedural Pitfalls in Post-AIA Applications Pose Obstacles to Correcting Simple Mistakes
Under the America Invents Act (“AIA”), seemingly minor procedural errors made when filing an application can create a procedural morass…
The Supreme Court Deems IPRs Constitutional—For Now
Today the Supreme Court affirmed the Federal Circuit’s decision that IPRs do not violate either Articles III or VII of…
The Judicially Created Doctrine of Assignor Estoppel Remains a Defense to Invalidity
EVE/Inc. and Synopsis, Inc. et al. recently filed a petition for certiorari in the U.S. Supreme Court seeking eradication of…