PTAB cannot cancel claims as indefinite, Fed Circuit says
The US Court of Appeals for the Federal Circuit yesterday, February 4, said that the Patent Trial and Appeal Board (PTAB) cannot invalidate patent claims for indefiniteness.
If you don't have a login or your access has expired, you will need to purchase a subscription to gain access to this article, including all our online content.
For more information on individual annual subscriptions for full paid access and corporate subscription options please contact us.
To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.
For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk
28 April 2020 Petitioners that attempt to take advantage of the PTAB raising an indefiniteness challenge to patent claims will likely fail, as Hailey Bureau and Chad Rink of Birch, Stewart, Kolasch & Birch explain.
10 February 2020 The US Court of Appeals for the Federal Circuit has pushed back on a noise-reduction technology ruling from the Patent Trial and Appeal Board, in which Apple failed to invalidate parts of a patent.
8 January 2021 The US Patent and Trademark Office has clarified the way in which the Patent Trial and Appeal Board should approach the issue of indefiniteness in post-grant proceedings, aligning the PTAB’s approach with that of the courts.