Takeaways from PTAB's Precedential Decision on Prior Art Analysis for Post-AIA Patents
In March 2023, the Patent Trial and Appeal Board (Board) addressed in Penumbra, Inc. v. Rapidpulse, Inc., IPR2021-01466, Paper 34 (Mar. 10, 2023), a key issue in inter partes reviews: how to establish a reference patent as prior art based on the filing date of an earlier-filed application, such as a provisional.
Source: ipwatchdog.com