In a precedential final written decision, the Patent Trial & Appeal Board concluded that a patent does not need to contain a claim supported by a provisional application’s disclosure to draw priority ...
In a decision issued today, the Federal Circuit addressed the issue of whether an Examiner can rely on the filing date of a provisional application under pre-AIA 102(e) to support a rejection based on ...
“Clarifying its earlier holdings, the CAFC found that the provisional application must provide written description support for the specific portions of the patent specification relied upon in the ...
“Refiling a provisional is just a bad idea when you can, for a few hundred dollars more, keep hold of that earliest priority date and continue on the path to obtaining a patent.” The question that we ...