Section 311(b) of the America Invents Act (AIA) provides that a patent can be challenged in an inter partes review (IPR) “only on the basis of prior art consisting of patents or printed publications.” A published U.S. patent application that never issued as a patent can be used as the basis for an IPR challenge because it’s printed and it’s a publication, right? Not so fast.
Recent Posts
- Other Barks & Bites for Friday, November 7: CJEU Action Against EU Commission Referred Over SEP Regulation; Ninth Circuit Affirms CoComelon Copyright Win; and C4IP Urges USTR to Address IP Concerns in USMCA Joint Review
- Mixed UK High Court Ruling Fails to Answer Fundamental Questions of AI Copyright Infringement
- Professors Press SCOTUS to Affirm Copyright Protection for AI-Created Works
- Squires Emphasizes AI, Dubs Inherited Backlog ‘An Absolute Dumpster Fire’ and a ‘Betrayal’
- Federal Circuit Clarifies Precedent on Pre-AIA Prior Art ‘By Another’
