The Impact Of Distinct Printed Publication Rules In Exams, IPR

By Ryan Davis (April 13, 2020, 10:15 PM EDT) -- Recent precedential decisions by the Patent Trial and Appeal Board setting different standards for when printed publications can invalidate patents in inter partes review and prosecution are a blow to patent applicants and could alter strategies for challenging patents, attorneys say.

The board set precedent in December that patent challengers in inter partes review must present specific evidence to show that a document was publicly accessible before a patent application and can thus be used as prior art to challenge the patent. But it said in a separate decision last week that patent examiners don't have to clear that high a...

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