By Carl Kukkonen –
On August 18, 2020, the USPTO issued guidance regarding the reliance on Applicant Admitted prior art (AAPA). Under 35 U.S.C. § 311(b), IPRs may be instituted only “on the basis of prior art consisting of patents or printed publications.” The guidance clarifies that statements in the specification of the patent being challenged are not prior art patents or printed publications, and thus cannot form the basis of an IPR. Rather, AAPA can only be used as evidence that the PTAB can consider solely for limited purposes in particular circumstances.
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Carl Kukkonen
Partner at Jones Day
An acknowledged leader in the profession, Carl Kukkonen has nearly 20 years of experience in strategic intellectual property counseling. He advises clients on patent infringement and validity, preparation and prosecution of patent applications, and brand protection matters.
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