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Premium Genetics UK Ltd. The PTAB instituted trial on all 14 claims. PGR is only available to patents that are subject to the first inventor to file provision of the America Invents Act AIAwhich applies to patents and applications that include a single claim having an effective filing date on or after March 16, The challenged patent issued from an application filed on January 31,and claimed priority to several provisional and non-provisional applications filed before March 16, Thus, Inguran could only establish standing by identifying at least one claim in the challenged patent that was no t entitled to a pre-March 16, priority date.
In the initial petition, Inguran argued that claims 1 and 2 were not entitled to a pre-AIA priority date and pointed to specific limitations in each claim that Inguran alleged were not disclosed in any priority application.
Premium Genetics argued that both claims were entitled to pre-AIA filing dates.
In deciding that Inguran failed to establish that claim 1 was not entitled to an earlier filing date, the PTAB had not decided whether claim 1 was in fact actually entitled to earlier priority date. Rather, the PTAB left that question open. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries lexology.
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Prior invention may not be established under this section in any. patent application publication, the reference may not be antedated if it. practice is established, a statement to that effect should be added to this paragraph. For patents subject to pre-AIA 35 U.S.C. §patent owners can disqualify prior art references that do not constitute a statutory bar under.