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Prior Art Chemical Structures Must Be More Than A "Code Name", PTAB Litigation Blog

April 2018

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The PTAB recently rejected a request for rehearing by Bayer CropScience LP ("Bayer"). Bayer Cropscience LP, v. Syngenta Limited, IPR2017-01332, Paper 15 (P.T.A.B. Apr. 2, 2018). The PTAB stated that when the prior art does not identify the chemical structure of a compound that is only known by an experimental code name, post-filing evidence cannot be used to identify the compound and fill in any gaps in the prior art.

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