What PTAB Markush Rejection Means For Biotech Applicants
Law360, New York (March 16, 2017, 12:19 PM EDT) -- Jeff B. Vockrodt
Christopher H. Yaen The Patent Trial and Appeal Board for the first time in many years affirmed an examiner's rejection of a claim as an "improper Markush" in Ex parte Chettier. Patent examiners have increasingly turned to "Markush rejections" in the wake of the U.S. patent and Trademark Office's 2011 guidelines on the subject. This controversial practice attempts to force patent applicants to narrow their claimed genus or other Markush-type group even when those claims meet all other conditions for patentability such as novelty, nonobviousness, and enablement, for example. The board's focus on lack of common core structure...
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