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Prior Art Regulatory Requirements Statutory Interpretation

King & Spalding

USPTO Acting Director Stewart Limits Use of General Knowledge in IPR Petitions

King & Spalding on

On July 31, 2025, Acting USPTO Director Coke Morgan Stewart released a memo instructing the agency “that applicant admitted prior art (AAPA), expert testimony, common sense, and other evidence that is not ‘prior art...more

ArentFox Schiff

USPTO Restricts Use of AAPA and Other General Knowledge Evidence in IPR Proceedings

ArentFox Schiff on

On July 31, the US Patent and Trademark Office (USPTO) issued a new memorandum announcing that it will begin enforcing 37 C.F.R. § 42.104(b)(4) that requires petitioners in inter partes review (IPR) proceeding to “specify...more

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