Posts Tagged: interference proceedings


Federal Circuit Affirms Board: No Interference-in-Fact for CRISPR-Cas9 Technology

The Federal Circuit recently weighed in on an interference proceeding between the University of California (“UC”) and the Broad Institute over the use of CRISPR-Cas9 technology. The …

Which Invalidity Avenue to Take: Inter Partes Review Verses Post-Grant Review

The United States Patent and Trademark Office (USPTO) provides invalidity tools via inter partes review (IPR) and post-grant review (PGR), but which route is better? ...  PGRs are …
By Ryan Kenny
1 year ago 5

A Look Back at the Legislative Origin of IPRs

Those now familiar with IPR proceedings will already have recognized how little resemblance current IPR proceedings have to what most supporters of the AIA envisioned upon its …
By Phil Johnson
2 years ago 30

Federal Circuit Vacates Board’s Lack of Written Description Holdings in Interferences

The Federal Circuit vacated three interference decisions, in which the Board found that Stanford’s claims were unpatentable for lack of written description, and remanded for further …

CRISPR patent interference ended by USPTO because parties’ claims do not interfere

The PTAB concluded: "Based on our determination that the preponderance of the evidence shows there is no interference-in-fact between the parties’ claims, we need not decide the …
By Gene Quinn
3 years ago 3

Biotech firms form patent alliance over interference proceeding against CRISPR patent application

The alliance is composed of firms that have a vested interest in the outcomes of a CRISPR patent interference case currently in front of the U.S. …
By Steve Brachmann
3 years ago 2

Federal Circuit Clarifies Doctrine of Inherent Disclosure

Under the doctrine of inherent disclosure, it is not necessary for an earlier application to explicitly describe the later patent. There is adequate written description to support …

Junior party prevails at USPTO in Interference between Plant Patent and Utility Application

Sheehan contended that Dulcich, without permission, grafted Sheehan’s “Great Green” in 2010 and filed for a plant patent in 2012 claiming the “Great Green” as its own JPD-001 (“…

The CRISPR Clash: Who owns this groundbreaking, DNA altering technique?

Right now, behind the walls of the USPTO, there is a fiery interference battle occurring between two scientific teams over who created a groundbreaking, DNA altering technique …
By Angélique McCall
3 years ago 12

Federal Circuit: Interference Party Can’t Support Copied Claims Described as Undesirable in Spec

Bamberg’s specification stated that plastics must not melt at ironing temperatures (up to above 220 degrees Celsius) because the effects would be undesired. Bamberg argued that while …

Change? Derviation May Feel a Lot Like Interference Practice

How this will philosophically change things remains unclear because the America Invents Act requires that the petition filed to institute a derivation proceeding demonstrate that the claimed …
By Gene Quinn
8 years ago 2

First U.S. Patent Laws Were First to File, Not First to Invent

The reality is that from 1790 to 1836 patents were given to the first to file. Between 1836 and 1870 a panel of arbitrators would decide disputes between conflicting patents and …
By Gene Quinn
8 years ago 47

Patent Truth and Consequence: File First Even in the U.S.

The date of invention relates to your conception. This is true whether you are engaging in an interference proceeding seeking to obtain a claim instead of another …
By Gene Quinn
9 years ago 19

Patent Reform Gaining Steam, Debate Continues in U.S. Senate

As flattering as it was to be inserted into the patent reform debate in some peripheral way, the real news from yesterday was the Manager's Amendment was …
By Gene Quinn
9 years ago 21

Patent Reform in the Media and De Facto First to File

As I have repeatedly explained over and over again for the past several years, there is nothing to fear about a first to file system (see above) …
By Gene Quinn
9 years ago 14