Newsletter


29

Sep 2016

The Analogous Art Test: A Natural Alternative to the Slippery Slope of Hindsight Bias

By: A. Rusty Rogers When cobbling together references to establish a prima facie case of obviousness, the Patent and Trademark Office (PTO) is under the burden to establish that the prior art selected also satisfies what is reasonable to assume that a skilled artisan would consult during the inventive process, also known as the “analogous art test.”  In a case involving use of molasses for de-icing...

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29

Sep 2016

Federal Circuit set to Review PTAB’s Amendment Process

By: Tammy Dunn and Monica Katthage Historically, the Patent Trial and Appeal Board (PTAB) has issued near blanket refusals to allow amendments to claims despite the fact that the inter partes review (IPR) statute of 35 U.S.C. § 316(d) expressly allows patent owners to move to do so.  This historical difficulty in amending claims during an IPR is a source of great frustration in post-grant practice...

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