The Journal of the Patent and Trademark Office Society (JPTOS) has just released Volume 103, No. 2. This issue includes an article by Ryan Pool entitled “The Rescue Doctrines.” This article tackles the legal doctrines inside 35 USC 102 and 35 USC 103 which allow for the creation of a prima facie case by Examiners even when a recited claim features is absent in the disclosure/teachings of the prior art as under certain conditions. Mr. Pool’s article identifies what these doctrines are and how they work. The article then goes deeper by providing novel data on the performance of these doctrines and providing the reader with unique strategies for using these doctrines to the applicant’s advantage.
We encourage you to pick up a copy of JPTOS Volume 103, No. 2 at https://www.jptos.org/ and a copy of Ryan’s work can be found here: JPTOS 103-2-Rescue Doctrines