Hyatt v. Patent and Trademark Office

Plaintiff is such a prolific inventor that the Patent and Trademark Office employs 14 examiners just to review his applications, some of which have languished for decades. Seeking to take some work off their plates, the PTO enacts new regulations that basically allow them to sit on his applications forever, with no right of appeal. Arbitrary and capricious? District Court: No need to answer that, because I don’t have jurisdiction. Federal Circuit: Actually, you did. No harm, no foul, though, because he loses anyways.

Tags: 2018, Federal Circuit, Intellectual Property, Patent Law, PTO

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