Federal Circuit Backtracks (A bit) on Prior Art Status of Provisional Applications and Gives us a Disturbing Result

by Dennis Crouch Dynamic Drinkware v. National Graphics (Fed. Cir. 2015) The underlying issue in this IPR-appeal is the effective date of prior art: How do we treat prior art patents and published applications that claim priority to provisional applications? The patent being reviewed – National’s Patent No. 6,635,196 – was applied for on November 22, 2000 but … Continue reading Federal Circuit Backtracks (A bit) on Prior Art Status of Provisional Applications and Gives us a Disturbing Result