February 05, 2020 Feature

“Nonfunctional Descriptive Material” vs. “Printed Matter”: The PTAB’s Defiance of Federal Circuit Precedent

David E. Boundy

©2020. Published in Landslide, Vol. 12, No. 3, January/February 2020, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

One of the truly remarkable phenomena in the history of both patent law and administrative law is the five-decade dispute between the Board of Patent Appeals and Interferences (BPAI or Board), now the Patent Trial and Appeal Board (PTAB or Board), and the Federal Circuit on the definition of “printed matter.”

Premium Content For:
  • Intellectual Property Law Section
Join - Now