Lisa Silverman and Qiwen Zhong published an article in Law360 that discussed certain pitfalls patent applicants may encounter when submitting declarations under Title 37 of the Code of Federal Regulations, Section 1.132.
The authors wrote, "Rule 132 declarations are frequently used in life sciences patent prosecution for rebutting obviousness rejections by establishing that an applicant's invention produces unexpected results, and the Patent Trial and Appeal Board's Eidschun ruling highlights when this important tool may be ineffective"
Read the full article.
