5 February 2020PatentsRory O'Neill

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.

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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.

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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.

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PTAB cannot cancel claims as indefinite, Fed Circuit says

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