LAW 660 - Patent Appeals & Interferences

Patent Appeals and Interferences The course will cover ex parte and inter partes appeals to the Board of Patent Appeals and Interferences (BPAI). Matters considered will include jurisdictional requirements for appeal, as well as practical considerations bearing on the decision to appeal or continue prosecution before the patent examiner. Briefs and oral arguments before the BPAI and review of BPAI decisions in the courts will be addressed. The fundamentals of interference law and procedure before the BPAI will be explored. Interference concepts covered will include: conception; reduction to practice; diligence; “the standing order”; interference counts; motion practice; discovery; the first and second “final” hearings; and review in the courts. Patent reissue, patent reexamination, and proposals for post grant cancellation will also be discussed.