Fed. Circ. Finds Exception To Late Interference Claims

Law360, San Diego (February 7, 2012, 9:02 PM EST) -- The Federal Circuit on Tuesday ruled that although late claims brought by a patent applicant in an interference proceeding are normally barred, they are subject to a limited exception.

In an interference, a patent applicant is barred from presenting the same claim as one already contained in a patent that was issued more than one year ago unless the post-critical date claim is not materially different from a claim that was presented before the one-year bar date, according to a three-judge panel.

The panel upheld a...
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