Gevo Inc. said the U.S. Patent and Trademark Office is reconsidering a patent that the agency issued in August to Butamax Advanced Biofuels LLC for a fuel additive.
In a non-final action dated Nov. 25, the PTO said the patent claims were invalid, according to the agency’s website. Butamax will have a chance to respond to the agency’s findings, and by law the patent remains valid and enforceable during the review process.
Gevo rose 10 percent to $5.70 at 9:57 a.m. New York time and traded as high as $5.88 in Nasdaq Stock Market trading.
Gevo, based in Englewood, Colorado, said in a statement it sought the review, adding that “substantial questions exist regarding whether others invented this technology first and that several scientific journal publications had described the technology before Butamax applied for the patent.”
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