Fed. Circ. Gets 'Before & After' Picture In Patent Dispute

Law360, Washington (May 6, 2016, 7:47 PM EDT) -- A Federal Circuit panel wrestled Friday with the meaning of "before" as it attempted to determine whether the U.S. Patent and Trademark Office had misinterpreted statutory filing date requirements for patent continuation applications.

The Patent Act requires the continuation applications, which allow a filer to add claims to a pending patent, to be filed before the patent is issued. The patent office has long held that this "before" requirement is met by continuation applications that are filed the same day as a patent issuance.

Both the technology...
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