Not Nautilus: McAward And PTAB's Definiteness Standard
By Brian McCormack, Mackenzie Martin and Yoon Chae (September 8, 2017, 1:09 PM EDT) -- In Ex Parte McAward, the Patent Trial and Appeal Board recently confirmed in a precedential opinion that the U.S. Patent and Trademark Office may use a fundamentally different definiteness standard than the standard used by the federal courts. In this case, the PTAB held that the USPTO's definiteness standard requires greater certainty and less ambiguity compared to the Nautilus standard used in district court litigations. This decision confirms that the PTAB will continue to hold patent applications to a higher level of scrutiny relative to the district courts' treatment of definiteness in issued patents. While the McAward decision is directed to preissuance...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!