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    He also presented evidence that he submitted comments to his attorney about the initial draft on March 2, received questions from his attorney on March 4 and 12, participated in a conference with the attorney on March 16, and received a revised application on April 13.

    He then testified that he again reviewed the draft prior to its filing on May 1.

    The new system will apply to applications that include at least one claim not entitled to a priority date earlier than the effective date. Because the change to a First-Inventor-to-File system does not apply to applications already pending on the effective date, or to applications having all claims entitled to a priority date earlier than the effective date, it is important to understand how these new changes can impact the prosecution of applications filed after the changes are implemented.

    This fundamental change in the law, along with its transitionary period, presents several challenges to inventors, companies, and practitioners alike. The timelines below show three scenarios demonstrating whether the new or old system will govern the prosecution of an application filed after the effective date of the changes.

    To date a document to a time before it was actually written or signed.

    Rather, the PTAB should have applied the rule of reason to determine if the inventor proved that there was “reasonably continuous diligence.” , Case No. As of that publication date, the inventor, a surgeon named Dr.PTAB judges continually impress me with their scrupulous fairness. The Patent Owner bears the burden to prove patentability and gets to argue last on that issue. The Patent Owner then requested authorization to file a Sur-Reply limited to the antedating issue.I noticed it every day of my service as an administrative patent judge and every day since. The party with the burden of proof argues last, right? In IPR’s (and PGR’s and CBM’s), the Petitioner bears the ultimate burden to prove a proposition of unpatentability by a preponderance of the evidence. But even when the only issue in the case is unpatentability of issued claims, the Patent Owner may carry a burden that entitles it to have the last word. The Board granted this request (though for only 5 pages).The situation is less clear when the priority date and the application filing date straddle the effective date of the new system, as shown in the middle timeline.In this case, if the application included at any time at least one claim not entitled to the earlier priority date, the First-Inventor-to-File system will govern prosecution, even if that claim was cancelled before examination on the merits.

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