On July 25, the Patent Trial and Appeal Board (PTAB) ruled that amendments made after a patent issues do not make the patent eligible for post-grant review. The patent at issue, U.S. Patent No. 9,108,890 (the ’890 patent), is generally directed to a method for manufacturing training aids that train explosives detection dogs to detect homemade explosives in various environments. The petitioner, David O. B. A. Adebimpe, filed a petition requesting post-grant review of the ’890 patent. The patent owner, Johns Hopkins University, argued that the ’890 patent is ineligible for post-grant review because it does not meet the statutory filing date requirement. Post-grant review proceedings under the America Invents Acts are available only for patents that issue from applications where at least one claim has an effective filing date on or after March 16, 2013. The ’890 patent was filed on February 25, 2013, and claims priority to a provisional application filed October 4, 2012. The claims of the ’890 patent were amended on March 17, 2015.
27 Jul '16