USPTO Can't Avoid APA Suit From Inventor Rankled By Delays

A Virginia federal judge on Tuesday refused to let the U.S. Patent and Trademark Office escape an inventor's suit over its decades-long refusal to take final action on 80 of his patent applications, saying the court has jurisdiction over the matter and the claim is ripe for review.

In his order, U.S. District Judge T.S. Ellis III rejected the USPTO's contention that the Administrative Procedures Act claim is unripe for judicial review until prosecution is complete.

"Indeed, far from being unripe, it appears that plaintiff's claim...

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