Should a Printed Publication Be Considered in Inter Partes Reviews Based Only on its Publication Date? | Fenwick & West LLP
Lynk Labs has presented an argument to the Federal Circuit, asserting that patent applications should only be utilized to invalidate patents in inter partes reviews based on their publication date. Currently, the filing date of the printed publication is typically the prevailing consideration.
However, the U.S. Patent and Trademark Office, Samsung, and various tech industry groups, including the High Tech Inventors Alliance, are encouraging the Federal Circuit to dismiss Lynk Labs’ assertion. Some opponents argue that focusing solely on the publication date could potentially exclude up to 18 months’ worth of prior art from the scope of review.
If the Federal Circuit sides with Lynk Labs, it could significantly impact the practice of inter partes reviews, with further implications for patent law and innovation. It’s crucial to monitor the outcome of this debate, as it may influence the way patent applications are evaluated in the future.
The U.S. Patent and Trademark Office, Samsung and several tech industry groups, including the HTIA, have urged the Federal Circuit to reject Lynk Labs’ argument that patent applications can only be used to invalidate patents in inter partes reviews based on their publication date, saying the filing date is what counts.
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