MPEP Q & A 308: What Type Of Arguments Should A Patent Owner Preliminary Response Include? Patent Bar MPEP Q & A podcast

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MPEP Q & A 308: What type of arguments should a patent owner preliminary response include?

2d ago 3:35

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Question: What type of arguments should a patent owner preliminary response include? Answer: A patent owner preliminary response may include one or more of the following arguments: The petitioner is statutorily barred from pursuing a review; The references asserted to establish that the claims are unpatentable are not in fact printed publications; The prior art lacks a material limitation in a challenged claim; The prior art does not teach or suggest a combination that the petitioner is advocating; The petitioner’s claim interpretation for the challenged claims is unreasonable; If a PGR or CBM petition raises 35 U.S.C. 101 grounds, a…

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