
CAFC Affirms the Importance of Written Description in a Provisional Patent Application
On March 24, 2025, in In re Riggs, No. 22-1945, the Court of Appeals for the Federal Circuit (CAFC) addressed when the filing date of a provisional application can be relied on under 35 U.S.C. § 102(e) to support a rejection of a later-filed application. This opinion offers clarity on the importance of written descriptions in provisional patent applications for Patent Owners as well as Petitioners seeking to challenge a patent in a post-grant proceeding. Senior Patent Agent Samantha Page takes a look a the opinion in this Stites & Harbison Client Alert.