PTAB Ruling Highlights Limitations of Rule 132 Declarations in Patent Applications

The recent ruling by the Patent Trial and Appeal Board (PTAB) has highlighted significant considerations for patent applicants utilizing declarations under Rule 132 of the Title 37 Code of Federal Regulations. These declarations are often pivotal in the life sciences sector, primarily when used to counteract obviousness rejections by showing that the invention achieves unexpected results. However, the recent Eidschun ruling clarifies circumstances where such declarations might not suffice. Attorneys at Morrison Foerster emphasize the importance of understanding these limitations to effectively navigate patent prosecution hurdles.