The U.S. Patent and Trademark Office (USPTO) has determined that the full Federal Circuit does not need to review a previous ruling that rejected Xencor Inc.’s application for an antibody patent. The USPTO maintains that a panel from the appellate court correctly applied the necessary standard in this case. This decision by the USPTO provides clarity on the appellate court’s handling of patent applications in the biotechnology sector, reinforcing the original ruling.
For further details on this ruling, visit the Law360 article.