A recent decision by the PTAB, Inguran v. Premium Genetics, demonstrates that a Petitioner may subject an apparent “pre-AIA” patent, having at least one priority date before and at least one priority date after March 16, 2012, to the post-grant review (PGR) process. By arguing that at least one claim is not entitled to the … Continue reading this entry
Tags: aia, bio/pharma, PGR, possession, priority, priority denial, priority entitlement, ptab, standing, written description
Although Inter Partes Review (IPR) is limited to grounds of unpatentability based upon prior art references, it is nevertheless possible to raise issues of written description or enablement by applying intervening prior art that is published between two priority dates for a claimed invention. Such intervening prior art may even be applied between two filing dates created … Continue reading this entry
Tags: 112, antibody, enablement, entitlement, immunotherapy, inter partes review, intervening, ipr, patent, priority, regenerative medicine, stem cell, written description
Posted in Legislation; Practice Insights; PTAB Decisions