Federal Circuit Clarifies Written Description Requirement for Design Patent Continuation Applications | Practical Law
In In re Timothy Owens, the US Court of Appeals for the Federal Circuit affirmed the US Patent and Trademark Office Board of Patent Appeals and Interferences's (USPTO BPAI) holding that Owens' continuation design patent application for a mouthwash bottle was not entitled to the benefit of the patent's filing date under 35 U.S.C. § 120 because it failed to satisfy the written description requirement.