Partner Joseph Mallon, Ph.D., authored, “USPTO Signals Support For New Basis To Invalidate Patents,” which was published in Law360.
Excerpt: A new “improper Markush grouping” rejection was quietly slipped into the latest revision of the Manual of Patent Examining Procedure, which was released by the U.S. Patent and Trademark Office just days prior to the Senate confirmation of Andrei Iancu as the new director. It is expected that the USPTO’s recognition of improper Markush grouping as a basis for invalidity will encourage litigators to raise it as a defense.
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