Analysis

How To Make Patent Office Guidance Work For You At PTAB

Law360 (March 16, 2018, 8:32 PM EDT) -- The Patent Trial and Appeal Board has said it is not bound by guidance memos issued to examiners who also work at the U.S. Patent and Trademark Office, but attorneys said that guidance can still help litigants bolster their cases when arguing before the board.

The board, which is part of the USPTO, has said in some recent cases that guidance the office issues to examiners on thorny issues like patent eligibility is not binding on PTAB judges. That has raised some eyebrows and spurred questions about why judges who work at the USPTO wouldn't need to follow what the office...

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