Fed. Circ. Filing Date Case Could Kill Thousands Of Patents

Law360, New York (May 5, 2016, 5:52 PM EDT) -- The Federal Circuit will hear arguments Friday in a case over the filing date requirements for patent applications that a major intellectual property group says could render tens of thousands of patents invalid if the court upholds a decision that the U.S. Patent and Trademark Office misinterpreted the statute.

The case, a dispute over touch-screen patents asserted against HTC Corp., involves the requirements for filing continuation patent applications, those that are based on earlier applications. The Patent Act states that such applications must be filed before the earlier patent issues, and the USPTO has long held that the requirement is met...

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