Can I appeal a PTAB decision directly to a district court?

No, you cannot appeal a Patent Trial and Appeal Board (PTAB) decision directly to a district court. The proper avenue for judicial review of PTAB decisions is through the U.S. Court of Appeals for the Federal Circuit. Here’s why: The Federal Circuit has exclusive jurisdiction over appeals from PTAB decisions. District courts do not have…

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Can evidence of unexpected results be presented after filing a patent application?

Yes, evidence of unexpected results can be presented after filing a patent application. MPEP 716.02(f) clarifies that evidence and arguments directed to advantages not disclosed in the original specification should not be disregarded. The Federal Circuit in In re Chu explicitly stated: “We have found no cases supporting the position that a patent applicant’s evidence…

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How does the ‘totality of the record’ principle apply to patent examinations?

The ‘totality of the record’ principle is a fundamental concept in patent examinations, particularly when assessing non-obviousness. MPEP 716.02(f) states: “The totality of the record must be considered when determining whether a claimed invention would have been obvious to one of ordinary skill in the art at the time the invention was made.” This principle…

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