Federal Circuit Undoes Patent Priority Determination, Endorses 2-Way Test

(May 24, 2024, 12:52 PM EDT) -- WASHINGTON, D.C. — A motion by the owner of a junior patent for a finding that a senior patent application was time-barred was wrongly rejected by the Patent Trial and Appeals Board in an interference proceeding, the Federal Circuit U.S. Court of Appeals held May 23, vacating and remanding the board’s subsequent decision to award priority to the patent applicants....