Federal Circuit Limits Reliance on Provisional Priority Date Under Section 102(e)(1)
By EsqSocial Corporation 10/04/25
On March 24, the Federal Circuit held in In re Riggs that for a published non-provisional patent application to be prior art under pre-AIA 35 U.S.C. ยง 102(e)(1) based on an earlier provisional filing date, all citations to the non-provisional made in a prior art rejection or invalidity assertion must be supported by the earlier provisional....
By: Fitch, Even, Tabin & Flannery LLP