In patent practice, the question of what constitutes prior art in a printed publication is significant in many patent validity challenges. A patent claim may be held unpatentable if the claimed invention was, among other things, "patented, [or] described in a printed publication... before the effective filing date of the claimed invention." A patentability challenge based on non-patent literature must be supported by evidence that a reference qualifies as a printed publication. In recent decisions, the Federal Circuit has reiterated that whether a reference is a printed publication is a "case-by-case inquiry into the facts and circumstances surrounding the reference's disclosure to members of the public." In one example, the court affirmed the PTAB's holding that the FDA advisory meeting minutes, transcripts, and slides were sufficiently accessible to persons of ordinary skill in the art because the materials at issue were available through hyperlinks provided in a Notice in the Federal Register, among other things. Contact Nexus Law by email at office@nexusiplaw.com or by visiting our website at www.nexusiplaw.com to see how we can help resolve your prior art questions.
NEXUS LAW PLLC
Legal Services
Rochester Hills, Michigan 4 followers
INTELLECTUAL PROPERTY COUNSEL
About us
Nexus Law PLLC is a boutique intellectual property law firm specializing in the protection and enforcement of intellectual property rights including patents, trademarks, copyrights, and trade secrets, as well as IP related licensing agreements. Nexus Law offers a wide variety of legal services to create strong Intellectual Property rights for its clients, and we are committed to providing inventors, entrepreneurs, and businesses with personal and professional services. At Nexus Law, we make sure we tailor our services to meet your unique needs.
- Website
-
www.nexusiplaw.com
External link for NEXUS LAW PLLC
- Industry
- Legal Services
- Company size
- 2-10 employees
- Headquarters
- Rochester Hills, Michigan
- Type
- Self-Owned
- Founded
- 2022
- Specialties
- Patent application preparation and prosecution, Trademark application preparation and prosecution, Copyright Protection, and Licensing agreements
Locations
-
Primary
3128 Walton Blvd
270
Rochester Hills, Michigan 48309, US