Tag:Post Grant Patents

Dividing and Conquering: Best Method Obligations Follow Every Divisional Patent Application

Apr 15 2026

In an important decision, the Full Federal Court in The NOCO Company v Brown and Watson International¹ held that the relevant date for assessing the best method known to the applicants is the filing date of each divisional application. This judgment carries significant implications for patent filing and litigation strategies, as patentees must consider the adequacy of the best method disclosures in existing and future divisional patent specifications.

PTAB Reinforces Preference for PGR

Jan 14 2026

The Patent Trial and Appeal Board (PTAB) recently designated a post-grant review (PGR) decision as precedential. In the decision, the Director issued a discretionary denial decision confirming that the proper analysis was a “totality of the circumstances” type analysis, taking into account all facts and arguments presented by the parties.