This is part two of a three-part series on written description requirements and the developing case law under the America Invents Act (AIA).
The previous post in this series introduced the potential litigation hurdle – or, opportunity, depending on one’s perspective – involving the requirement that a “parent” patent application must satisfy the written description requirement with respect to claims of a later-filed “child” application. While this requirement is well established under U.S. patent law, the interaction between the written description requirement and the AIA is a new wrinkle.
An AIA “transitional application” is one filed after March 16, 2013, which claims the effective filing date of an application filed on or before March 16, 2013. If such a priority claim is justifiable, then
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