PTO Board Reins In Objections

Law360, New York (February 5, 2007, 12:00 AM EST) -- The U.S. Patent and Trademark Office’s Board of Patent Appeals and Interferences has handed down a ruling laying out guideliness for when attorneys should object and admonishing them not to inquire about the circumstances under which direct testimony was prepared.

The board has essentially warned attorneys not to treat cross-examination during a patent interference like a discovery deposition, according to Dr. Malcolm McGowan, an intellectual property lawyer and partner in Bingham McCutchen LLP’s Washington, D.C. office.

“This is the board’s effort to clarify what has been...
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