Using Provisional Patent Applications in Invalidity Challenges
The following article by Michael J. Flibbert and Pier D. DeRoo published by Westlaw Journal Intellectual Property is very instructive and is recommended reading. Article Using Provisional Patent Applications in Invalidity Challenges February 28, 2018 Westlaw Journal Intellectual Property By Michael J. Flibbert, Pier D. DeRoo While provisional patent applications are never published and cannot become prior art, recent decisions from the U.S. Court of Appeals for the Federal Circuit illustrate that parties can nonetheless make effective use of provisional applications when raising invalidity challenges. For instance, parties can use the earlier filing date of a provisional application to show an issued patent or a published...
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