Wednesday, September 17, 2014
Federal Circuit decision reminds prosecutors to pay attention to entire chain in claim to priority
The Federal Circuit decision Medtronic Corevalve v Edwards Lifesciences deals with priority claims and underscores the importance of making sure each application in the continuity chain has a proper reference to the entire chain.
Ryan Alley covered this decision on his Federal Circuit blog. Read Ryan's post here:
Medtronic Corevalve v. Edwards Lifesciences – Family & Priority Lessons
Ryan's blog is valuable to me because he always offers insight as to how a decision affects patent prosecutors. Here, Ryan suggests that in reviewing the chain of priority claims, we look at the actual specification and any amendments applied, and not rely on Filing Receipts or PAIR data. Ryan also reminds us that a defect can be cured during the application lifetime by a Petition to Accept Delayed Benefit Claim, or by reissue if the defective application has already issued.