Defective Priority Claim Turns Parent Against Child

Law360

"Generational ties are important to patents. Much like a feudal lord inheriting familial property, patents that rely on a parent application’s priority must have unimpeachable pedigree. The apparent failure of e-Watch Inc. to correctly claim priority in one of its patents should be a cautionary tale for all practitioners. While the inter partes reviews discussed below are still pending, recent Patent Trial and Appeal Board decisions emphasize the importance of having accurate and complete priority claims. The PTAB identified which arguments will be entertained for challenging priority claims under IPR and the exacting standards to which a priority claim must be drafted."

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