The Federal Circuit Court’s recent judgment in SNIPR Tech. Ltd. v. Rockefeller Univ., No. 22-1260 explores some critical aspects of the Leahy-Smith America Invests Act (AIA). The case specifically addresses the question of whether patents with a filing date after March 16, 2013, also known as pure AIA patents, can be included in interference proceedings as per the pre-AIA 35 U.S.C. § 135.
One significant question examined in this case pertains to the decision-making authority of the Patent Trial and Appeal Board (Board). The court assessed whether the Board is sanctioned to cancel SNIPR’s pure AIA claims due to a lack of invention priority as per pre-AIA § 102(g) while in an interference proceeding.
This case implications extend far beyond SNIPR Tech Ltd. and Rockefeller Univ. The ruling impacts the handling of similar scenarios by corporations and law firms handling Intellectual Property rights, especially those related to patent filing and interference proceedings. Legal professionals must take into account the current state of affairs and stay updated with the ongoing legal discourse on the interpretation and application of AIA and pre-AIA rules.