Federal Circuit Affirms Trade Conference Catalog Qualifies As Prior Art, PTAB Litigation Blog

Visit the 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