A Diligent Delay – Claiming Priority to Invention Dates.

by Dennis Crouch In its final judgment, the Patent Trial & Appeal Board (PTAB) found against Arctic Cat — finding all of the challenged claims unpatentable.  On appeal, the Federal Circuit has rejected the judgment — holding that the Arctic Cat patent claims should be given priority as of their invention date rather than simply the priority filing date.  This is a case were the patent claims appear valid under pre-AIA law, but would be invalidated if AIA prior art rules applied.  U.S. Patent Nos. 7,072,188 and 7,420,822, covering an electrical connection box for distributing power in a Recreational Vehicle (RV). These Arctic Cat patents claim a priority filing date of October 29, 2002.  The key prior art reference (Boyd) was filed as a patent application seven months prior – April 1, 2002. Boyd was not yet prior art at the moment it was filed, but did become prior art once the application published in 2003.  The point of…

Read more detail on Recent Intellectual Property Law posts –

This entry was posted in Intellectual Property and tagged , , , , , . Bookmark the permalink.

Leave a Reply