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Home / Opinion Digests / Business Law / Challenge to Patent ‘Revival’ Is Timely (access required)

Challenge to Patent ‘Revival’ Is Timely (access required)

An Alexandria U.S. District Court declines to dismiss a drug company’s suit challenging defendant U.S Patent & Trademark Office’s decision to revive an abandoned international patent application as the ‘218 patent. Plaintiff challenges the revival decision under 35 U.S.C. § 371(d), alleging the PTO improperly used an “unintentional” rather than an “unavoidable” standard, and that as ...