THE OLD AND NEW DIVIDES OF PATENT LAW: FROM THE THEORY OF ANTEDATION TO DEFINING IMMEDIATELY ENVISAGEABLE LIMITED CLASSES

Authors

Condon, Eamon M.

Abstract

Recently, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) ruled on a patent case involving the application of pre-America Invents Act (“AIA”) antedation and the issue of when a genus of compounds is narrowly limited enough to anticipate an individual compound found within the genus.1 On appeal, this case generally discussed why the claimant’s anticipation and obviousness claims failed.2

While the entire Federal Circuit decision will be discussed, this Comment will discuss in greater depth the reasons why antedation is no longer applicable under the AIA, and the implications of the Federal Circuit’s decision to not set a standard for what defines a “limited class” under In re Petering.

Recommended Citation

Condon, Eamon M., THE OLD AND NEW DIVIDES OF PATENT LAW: FROM THE THEORY OF ANTEDATION TO DEFINING IMMEDIATELY ENVISAGEABLE LIMITED CLASSES, 39 Santa Clara High Tech. L.J. 267 (2023).
Available at: https://digitalcommons.law.scu.edu/chtlj/vol39/iss2/3