This article highlights the importance of utilizing specific case law in patent appeal briefs to improve applicants' chances of success. By leveraging case law commonly cited by the Patent Trial and Appeal Board (PTAB), attorneys can better frame their arguments, particularly against prior art rejections. The article enumerates key strategies for arguing against rejections, stressing that the burden of proof lies with the examiner, not the applicant. It also points to MPEP guidelines that reinforce this principle, providing a foundation for effectively challenging unpatentability.
These case law quotations are the bread and butter of winning appeals if argued correctly. Using case law from the PTAB helps in winning appeals.
If you can use case law that the Patent Trial and Appeal Board (PTAB) commonly uses, it makes it easier to write a decision in your client's favor.
The applicant for a patent does not have the burden of proving patentability. That burden lies with the examiner.
The examiner bears the initial burden of presenting a prima facie case of unpatentability, which is essential for the applicant's argument.
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