Federal Circuit Affirms Trade Conference Catalog Qualifies As Prior Art, PTAB Litigation Blog
On September 13, 2018, the U.S. Court of Appeals for the Federal Circuit affirmed a decision by the USPTO Patent Trial and Appeal Board (PTAB) that the claims in U.S. Patent 8,714,977 (the ‘977 patent) are unpatentable as being anticipated by a product catalog made publicly available at a dental conference outside the 35 U.S.C. §102 (b) one-year statutory bar. According to 35 U.S.C. §102 (b) an applicant is barred from obtaining a patent if the public has access to the invention more than one-year before the filing of the patent application. The basis for a 35 U.S.C. §102(b) prior art rejection includes printed publications available to the public more than one-year prior to the date of a patent application.
Read the full article at ptablitigationblog.com.