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Home / News / Commentary / Intellectual Property: What qualifies as prior art? (access required)

Intellectual Property: What qualifies as prior art? (access required)

BY ERIC M. BRUSCA To challenge a patent claim in an inter partes review (IPR) at the Patent Trial and Appeal Board (PTAB), a petitioner must set forth grounds of unpatentability that include challenges based on prior art. It is the petitioner’s burden to prove unpatentability by a preponderance of the evidence, and recent decisions emphasize ...

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