Patent Applications Published After the Priority Date of a Challenged Patent Are Not 'Printed Publications' for IPRs
A published U.S. patent application that never issued as a patent can be used as the basis for an IPR challenge because it’s printed and it’s a publication, right? Not so fast.
United States Purdue Pharma Patent Quality Assurance See Return Mail Inc Trademark Office Genentech Inc
Source: ipwatchdog.com