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January 2017 Archives

Court Cuts Back at PTO on Scalpel Invention

A federal appeals court has breathed life into a doctor's patent claim for a scalpel that helps surgeons repair torn knee ligaments and other injuries.

The U.S. Federal Circuit Court of Appeals said the Patent and Trademark Office wrongfully denied the doctor's patent by shifting the burden on him to continue his claim. The trademark examiner and board said that a prior invention could perform the same function, but the appeals court said the doctor had done enough to show his scalpel design worked differently.

"For that reason, the examiner failed to make the necessary prima facie showing to shift the burden of going forward to applicant," the court said.