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USPTO s Position on AIA Patents as Prior Art

USPTO s Position on AIA Patents as Prior Art
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PTAB/USPTO Update - December 2023 | WilmerHale

Takeaways from PTAB s Precedential Decision on Prior Art Analysis for Post-AIA Patents

In March 2023, the Patent Trial and Appeal Board (Board) addressed in Penumbra, Inc. v. Rapidpulse, Inc.,  IPR2021-01466, Paper 34 (Mar. 10, 2023), a key issue in inter partes reviews: how to establish a reference patent as prior art based on the filing date of an earlier-filed application, such as a provisional.

Distinguishing Drinkware—Provisional Priority Determined Differently in Pre- and Post-AIA Patents | McDermott Will & Emery

In a precedential final written decision, the Patent Trial & Appeal Board concluded that a patent does not need to contain a claim supported by a provisional application’s disclosure to.

PTAB Decides on Prior Art After AIA

PTAB Decides on Prior Art After AIA
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