Emily Roberts and Adam Brausa wrote this article for IP Strategist that discussed the continued relevance of pre-AIA concepts such as prior conception and reasonable diligence in overcoming asserted prior art in PTAB proceedings. Despite the shift to a first-to-file system, many patents still fall under pre-AIA rules, allowing patent owners to antedate or remove prior art references by establishing an earlier invention date or demonstrating that the prior art reflects the inventor's own work. The article outlines the legal and evidentiary requirements for antedating prior art through conception and diligent reduction to practice or actual reduction to practice, providing insights into challenges faced by patent owners in PTAB proceedings.
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