INTELLECTUAL PROPERTY CLIENT ALERT: Federal Circuit Affirms PTO Decision That Priority Benefit Statute Applies to Interference

    View Author 6 August 2012
    In Loughlin v. Ling, No. 11-1432 (Fed. Cir. July 11, 2012), the Court of Appeals reaffirmed a decision by the U.S. Patent and Trademark Office’s Board of Patent Appeals and Interferences. The Board decided that interfering claims of a U.S. patent application (the “’404 application”), which claimed priority benefit to an application filed earlier than the published date of a U.S. patent (the “’426 patent”) were not barred from provoking an interference under 35 U.S.C. § 135(b)(2).