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Analysis

PTAB 'Printed Publication' Scrutiny Can Trip Up Challengers

Law360, New York (January 17, 2018, 8:01 PM EST) -- The Patent Trial and Appeal Board has stringent requirements for when printed publications like thesis papers can be used to challenge patents, and zeroing in on them is an effective way for patent owners to defeat challenges. Here's a primer on the board's handling of this key America Invents Act review issue.

In inter partes reviews, petitioners can ask the PTAB to review patents that they believe are rendered anticipated or obvious by previous inventions described in either earlier patents or printed publications. The printed publication...
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