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Expert Analysis

Spotlight On Public Availability In Inter Partes Review

Law360, New York (February 27, 2015, 10:50 AM EST) -- In one limitation of inter partes review, as opposed to other forms of post-grant challenges to patent validity, the challenge must rely only on patents or printed publications, and not on other forms of prior art such as prior sales or use. 35 U.S.C. § 311(b). Several factors combine to determine whether prior art qualifies as a "printed publication," and one such factor is the notion of reasonable accessibility to interested members of the relevant public. See In re Cronyn, 890 F.2d 1158, 1160 (Fed. Cir. 1989); In re Wyer, 655 F.2d 221, 226 (CCPA 1981)....

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