PGR Eligibility for Patents Issuing from Pre-AIA Examined Applications, PTAB Litigation Blog
Patent applications filed on or after March 16, 2013, that claim priority to an application filed before March 16, 2013 (“transition applications”), are examined under pre-AIA first-to-invent provisions unless they contain one or more claims that are not supported by the parent application. Patents issuing from transition applications are typically not eligible for post-grant-review. In addition to continuation-in-part applications, the Board’s institution decision in US Endotronics, LLC. v. Gold Standard Instruments, LLC., PGR2015-00019, illustrated another example of a type of transition application that may be eligible for post-grant-review.
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