USPTO Director Andrei Iancu recently issued a memorandum to the PTAB titled “Treatment of Statements of the Applicant in the Challenged Patent in Inter Partes Review under § 311.” Relying on Section 311, the memorandum permits the use of Applicant Statements in IPRs, but not as a substitute for prior art patents and printed publications. Thus, Applicant Statements alone are not sufficient to form a basis for IPR institution. Rather, Applicant Statements can be used as evidence of the general knowledge in the art, as long as used in conjunction with prior art.
Continue Reading The Director’s Guidance on Applicant Statements