The Federal Circuit says that you must disclose and describe the prior art, or your Jepson claim is invalid. Obviously, this means that pretty much every Jepson claim in existence is now invalid. It also ensures that Jepson claims will never be used again. It is also truly a mystery why the Patent Office would ever defend this PTAB decision and advocate in favor of requiring the prior art to be disclosed, discussed and supported. The Office advocating such a nonsensical ruling makes absolutely no sense given the Office prefers Jepson format. Rule 1.75(e) specifically encourages Jepson claim format.
Recent Posts
- Stewart Defends Hands-On Approach as Squires Confirmation Looms
- Former USPTO Solicitor Urges Squires Confirmation, Accuses Acting Director of Overreach
- Other Barks & Bites for Friday, September 12: Novartis Loses Challenge to IRA Drug Price Negotiation Program; Lutnick Wants a Share of University IP Licensing; and EUIPO Announces First Copyright Conference
- Government Taking a Cut of University Royalties Would Threaten Bayh-Dole’s ROI
- Conservatives Appeal to Lutnick’s Inventor Roots in Urging Him to Drop ‘Patent Tax’ Proposal