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Federal Circuit Indicates Secondary Considerations . . . Just Need to be Considered

A recent decision from the Federal Circuit indicates that the order in which a court considers evidence attempting to demonstrate non-obviousness is not important, so long as it is considered.  In prosecution, this translates to an increased need for strong declarations when traversing obviousness rejections.

Prosecution, Obviousness
Author: Jeffrey K. Mills, Ph.D.

 

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Patent Agent-Client Privilege in PTAB Post-Grant Proceedings

  On November 7, 2017, the USPTO issued a final rule establishing that communications “between a client and a USPTO patent practitioner or a foreign jurisdiction patent practitioner that is reasonably necessary and incident to the scope of the practitioner’s authority shall receive the same protections of privilege under Federal law as if that communication were between a client and an attorney authorized to practice in the United States.” The term "USPTO patent practitioner" is defined broadly and includes both U.S. patent agents and foreign patent practitioners. When the rule takes effect on December 7, 2017, patent agent-client communications will be protected in post-grant proceedings as well as in Federal Court.

Post Grant Proceedings, Prosecution
Author: Melissa J. Pytel

 

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